TINKU Vs. SHANTI DEVI

JUDGEMENT

(1.) This First Appeal has been filed by the appellant under Section 28 of the Hindu Marriage Act being aggrieved by judgment dated 18th May, 2017, whereby, an application filed by the applicant (appellant) under Section 9 of the Hindu Marriage Act for restitution of conjugal rights with the respondent-wife has been denied on the ground that there is evidence on record to show that appellant was living an adulterous life and, therefore, his wife i.e., respondent was left with no other option but to leave her matrimonial home.

(2.) The appellant filed the application under Section 9 of the Hindu Marriage Act mentioning therein that his marriage with the respondent was solemnized on 22nd April, 2008 as per Hindu traditions and Customs. A daughter was born on 19th January, 2015 from such marriage and marriage was performed under normal circumstances but respondent has left her matrimonial home without any reason. It is submitted that in April, 2016, respondent/wife had left her matrimonial home in the name of buying certain goods from the market at Indargarh and from there left her matrimonial home without any reason and had gone to her parents house at village Padri. Appellant tried his level best to woo her back but she is not willing to reside with him even though several attempts were made to bring her back and appellant had visited house of his wife's father but she has refused to return back and cohabitate with the appellant.

(3.) The respondent refuted the allegations made in the application and in reply she has mentioned that appellant use to harass her with demand for chain and motorcycle in dowry. On making him understand by her father, for some days he kept her well and thereafter again started harassing her. The appellant is in illicit relationship with a lady residing in his neighbourhood. The appellant use to come home after consuming liquor and use to commit Marpeet with her. He also electrocuted her once.