DEVENDRA SINGH THAKUR Vs. BEENA BAI

JUDGEMENT

(1.) THE appellant/husband being aggrieved by the judgment and decree dated 11. 7. 1996 in Civil Suit No. 6a/90 of IVth Additional Distt. Judge Bilaspur, whereby the petition under Section 9 of Hindu Marriage Act of the respondent/wife for Restitution of Conjugal Rights, was allowed; has filed this appeal under Section 28 of the Hindu Marriage Act.

(2.) THE facts no longer in dispute are that the parties are Hindu and were married in May, 1984 at Village Padaria, District Bilaspur, in accordance with Hindu religious rites and customs. The respondent/ wife Beena Bai thereafter, went to her matrimonial home at Tamerpara, District Durg and stayed there for a few days. Thereafter, she went to her parental home and returned back after some time again to her matrimonial home in the month of 'chaitra' 1985. However, the respondent/wife was sent back two days thereafter to her parental home to Padaria, and the parties continued to live separately.

(3.) THE respondent/wife Beena Bai filed an application under Section 9 of Hindu Marriage Act praying for Restitution of Conjugal Rights. It was alleged therein that the family members of the present appellant/husband were dis-satisfied and critical about the inadequacy of dowry given in the marriage of the parties. However, on being pursuaded by the father of the respondent/wife and their other relations, the appellant/husband had taken her back in the month of 'chaitra' 1985. However, there was again criticism regarding the inadequacy of dowry and only after two days the respondent wife-Beena Bai was again sent back to her parental home. In the year 1987, the father of the appellant/husband died, but no intimation in that regard was sent to the respondent Beena Bai. However, on getting the information, she went alongwith her brothers to her matrimonial house and took part in the post cremation ceremonies. On account of refusal by the appellant/husband to keep her in his house, she was forced to return back to her parental home at Padaria. An offer for reconciliation was made by her father, and thereafter a petition in the Caste Panchayat was also filed by him. Caste-Panchayat gave decision in favour of respondent-Beena Bai and the appellant/husband was directed to take her back. Since the appellant/husband did not do so, an application under Section9 of Hindu Marriage Act for 'restitution of Conjugal Rights' was filed by the respondent/wife Beena Bai.