GAJENDRA KUMAR PANTH Vs. RUPALI SINGH MOURYA

JUDGEMENT

(1.) This appeal has been filed by the husband/appellant under Section 19 of the Family Court Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 being aggrieved by the impugned judgment dated 19.5.2017 passed by Principal Judge, Family Court, Rewa in Civil Suit No.107-A/2015, whereby the learned Family Court has dismissed the application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights filed by the appellants.

(2.) It is not in dispute that the respondent is legally wedded wife of the appellant. Their marriage was solemnized on 19.1.2006 according to Hindu Rites and Ritual. One daughter was born due to their wedlock on 19.1.2010 namely Ku. Aditi.

(3.) The facts of the case in brief is that, after the marriage the respondent made pressure upon the appellant for better facilities. The appellant assured her to provide every facilities in future when he got a government job. On 15.8.2007 father of the respondent had expired and the respondent went to her parental house and returned back at her matrimonial house. In February, 2010, the appellant was appointed in the NCL, therefore, he started residing with the respondent at Bina. Her behaviour was not good with the appellant. On 3.7.2012, brother of the respondent took her at Rewa. Thereafter, the respondent is not agreed to reside with the appellant. The appellant wants to accompany her and his daughter, who was borne in the January, 2010. He sent a legal notice to the respondent. Even then she refused to reside with the appellant. Hence, the petition under Section 9 of the Hindu Marriage Act was filed for restitution of conjugal rights by the appellant against the respondent before the trial Court.