SMT. SANTOSHI BELWANSHI Vs. KOP SINGH

JUDGEMENT

(1.) This appeal has been filed by the appellant-wife against the judgment and decree dated 13.05.2005 passed by Additional District Judge, Lakhnadaun, District Seoni in C.S. No.14-A/04 whereby the application filed by the respondent-husband under Section 9 of the Hindu Marriage Act for restitution of conjugal rights has been allowed.

(2.) It is not in dispute that the appellant and respondent are husband and wife. Their marriage was solemnized on 09.05.1997 according to Hindu religion and rites. They have a daughter and a son. Since 20.02.2004, they are living separately.

(3.) In brief, the case of the respondent is that the appellant went to her maternal home to meet her relatives, but she did not return back. Thereafter, the appellant-wife refused to live together with the respondent-husband. After so many efforts, the respondent- husband failed to bring her to the matrimonial house. Therefore, respondent-husband filed a case under Section 9 of the Hindu Marriage Act for restitution of conjugal rights against the appellant- wife. The appellant-wife denied the allegations made by her husband and submitted that the respondent/husband used to beat her for demand of dowry. Then she filed an application under Section 125 of Cr.P.C. against him before the Court of Judicial Magistrate First Class, Balaghat. Hence, the respondent-husband filed the said application.