RINKI SAHU Vs. MANOJ KUMAR SAHU

JUDGEMENT

(1.) This appeal has been preferred by the appellant/wife under Section 28 of the Hindu Marriage Act, 1955 seeking setting-aside of the judgment and decree dated 24/07/2017 passed by Principle Judge, Family Court, Panna, in Hindu Marriage Case No.67/2015 whereby the learned Court below has directed the appellant to live with the respondent/husband at her matrimonial home and discharge her obligations as his married wife.

(2.) It is not in dispute between the parties that marriage of the appellant and respondent was solemnized on 30/01/2015 at Hotel Taj, Khajuraho, Distt. Panna, according to Hindu rites.

(3.) Facts available on record go to show that, the respondent/husband filed an application for Restitution of Conjugal Rights before the Trial Court contending inter alia therein that after marriage, appellant and respondent lived happily in the house of husband at Indrapuri Colony, Panna, for a period of two weeks. Thereafter, after a period of a week second Bidai (farewell of bride) appellant/wife went to her parental home to live separately she lived for a period of two months happily in the house of husband. During this period she told that the marriage was performed against her will and she would not live with respondent husband any further. Thereafter she called her father and along with her father she went to her parental home. Father and other family members of the respondent/husband had gone to her parental home to bring her back, but she refused to meet them and the mother of the appellant said that she does not want to go back to Panna and wants to marry with some other person. The respondent has further contended in his application that brother of appellant threatened his family members to falsely implicate in the case of dowry. The appellant also possessed jewelery worth Rupees Three Lakhs, which were purchased by the respondent/husband. The respondent tried to bring her back to his home but could not succeed and the appellant is living separately without any cause depriving him of his marital life. Therefore, it was prayed that an order of restitution of conjugal rights be passed against the appellant/wife.