M. SRINIVAS RAO Vs. JANAKI

JUDGEMENT

(1.) The present appeals are both against a common judgment dated 27.02.2012 passed in Mat. Suits No. 552/2007 and 538/2007 heard analogously, in the Court of Additional District Judge, 1st Fast Track Court, Paschim Medinipur. The Mat Suit No. 552/2007 was a Suit under Section 25 of the Special Marriage Act, 1954 filed by Smt. Janaki, hereinafter described as the Respondent against Sri M. Srinivas Rao hereinafter described as the Appellant and the Mat. Suit No. 538/2007 filed by the aforesaid Appellant was for restitution of conjugal rights under Section 22 of the Special Marriage Act, 1954. The Mat Suit No. 552/2007 has been decreed on contest while the Mat. Suit No. 538/2007 has been dismissed on contest.

(2.) THE facts leading to the present appeals in short, are as follows: -

(3.) THE Appellant contested the Suit by the Respondent. The Appellant himself also filed the Mat Suit No. 538/2007 against the Respondent praying for a decree for restitution of his conjugal rights. In both the Suits it was the claim by the Appellant that he never cheated or defrauded the Respondent and the Respondent herself signed on the marriage registration forms etc. voluntarily and in her own willingness and consent after knowing the subject matter of the forms very well. It has been further alleged by the Appellant in both the Suits that after their marriage the Respondent lived with him in his house for several months but subsequently because of continuous interference and instigation by his mother -in -law, the Respondent had left his house without his consent and without any valid legal cause. The Appellant further claimed that he was always ready to continue the conjugal life with the Respondent and he is still willing to take back the Respondent in his home to live a happy conjugal life. The Respondent also contested the Suit filed by the Appellant for restitution of conjugal rights.