HEMANT RAWAT Vs. ANUBHA RAWAT

JUDGEMENT

(1.) This first appeal has been filed by the appellant/husband under Section 19 of the Family Courts Act, 1984 being aggrieved by the judgment and decree dated 10.09.2015 passed by the First Additional Principal Judge, Family Court, Bhopal under Section 9 of the Hindu Marriage Act, 1955 whereby the decree of restitution of conjugal rights has been granted in favour of the respondent/wife.

(2.) It is not disputed that, the appellant and respondent are husband and wife. Their marriage was solemnized on 14.04.2003 at Ratlam. They were living together only for 3 months.

(3.) The wife-respondent had filed a petition under Section 9 of the Hindu Marriage Act against the appellant/husband for restitution of conjugal rights on the ground that her family members gave cash amount and other gifts on their marriage. Four days after the marriage, they went to Shimla and enjoyed their company. After that the respondent went to her parent's house at Bhopal. She resided their till 20.05.2003. Thereafter, she returned back to Ratlam. On 12.07.2003, she again went to Bhopal to celebrate first sawan at her paternal house. Then again she returned to Ratlam and became pregnant. For delivery of her child, she came to Bhopal on 11.11.2003 and gave birth to a son on 28.12.2003. The medical expenses of operation was borne by her family members. Even after getting information, the appellant did not come to Bhopal.