ANAND MANGAL PANDEY Vs. SMT. PRABHAVATI

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 25/04/2006 passed in HMA Case No. 78/2004.

(2.) Respondent filed a suit for restitution of conjugal rights under Section 9 of Hindu Marriage Act, 1955. She pleaded that her marriage was solemanized with the appellant in May, 1982 and Gauna in the year 1994. Appellant and His family members made demand of dowry from the respondent, she was tortured. When she could not bear torture she went to the house of her parents. She lodged report against the appellant at police station. Appellant filed case for divorce against the respondent, subsequently he had withdrawn the aforesaid case on 07/01/2002. Respondent wants to live with the appellant however, without any cause he has not permitted her to live with him.

(3.) Appellant denied the pleadings of the respondent. He pleaded that without any cause, respondent has been living separately with him. She filed false case against him and his family members under Section 498-A of IPC. She practiced cruelty and without any reason she left matrimonial home, hence, suit be dismissed.