JAYANTA KUMAR SAHA Vs. BAISHALI SAHA

JUDGEMENT

(1.) This is an appeal from the judgment and decree dated 13.03.2014 passed in case No. T.S(RCR) 184 of 2011 whereby the petition filed by the appellant under Section 9 of the Hindu Marriage Act,1995 for restitution of conjugal rights has been dismissed.

(2.) The respondent has clearly stated in the trial that it would not be possible on her part to lead conjugal life with her husband, the appellant herein. On the basis of such statement which has been made in the trial, the trial Court has assumed apprehension in her mind and that it would be harmful or injurious for her to live with the appellant. After a considerable deliberation, both the counsel appearing for the parties have come to a consensus that for all purposes the conjugal right cannot be restituted for obstinacy projected by the respondent herein.

(3.) Mr. Lodh, learned counsel appearing for the appellant has submitted that the finding on the cruelty is not based on any evidence. A reading of the deposition of DW-1, according to Mr. Lodh, learned counsel would show that the respondent had intention to restitute the conjugal life after her leaving Delhi and arriving at Agartala, but later on, for whatever reason she had changed and decided not to lead the conjugal life with the appellant.