MOHAN RAO Vs. S. MEENA KUMARI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 31st March, 2014 passed by the Additional District Judge, Andaman and Nicobar Islands in Matrimonial Suit No. 24 of 2010 disallowing the application under Sec. 13(1)(i -a)(i -b) of the Hindu Marriage Act, 1955 and allowing the application filed by the respondent for restitution of conjugal rights.

(2.) The chronological events leading to the instant appeal is that the appellant filed a suit for divorce under Sec. 13(1)(i -a)(i -b) of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce contending inter alia that the marriage between the appellant and the respondent was solemnized on 21.03.2008 at Panighat Village, South Andaman as per Hindu rites and customs and marriage was consummated between them on 28.03.2008 and 29.03.2008 but after consummation within a day or two it appeared to the appellant that the behavior of the respondent was not normal. The appellant informed the matter to her parents and as per advise of her parents, he gave some medicine to his wife. On 31.03.2008 the appellant took his wife to her parental house and on 11.04.2008 the appellant brought the his wife back to his house but finding no change in her behavior the appellant's father made a complaint to the village Panchayat and in Panchayat the uncle of the respondent admitted that she was ailing from psychiatric problem and Panchayat asked the respondent to go for a mutual divorce since the mental condition of the respondent was not good to which the parents of the respondent did not agree. Subsequently, the appellant come to know that the respondent had met with a road accident while the respondent was travelling in a scooter in which she sustained head injury resulting in her psychiatric problem. Further the case of the appellant is that since 16.04.2008 he is residing separately from his wife and that relationship as husband and wife is irrevocable.

(3.) The respondent entered appearance by filing a written objection denying all material allegations made in the petition and contended, inter alia, that since the day of marriage, her in -law used to inflict mental torture upon her for dowry and attempt was to get her separated from her husband. The respondent has urged that she is all along ready and willing to reside with her husband and is not willing to break the marital tie. As such, she sent a legal notice to the appellant for restitution of conjugal rights. Accordingly, the respondent prayed for dismissal of the suit for divorce with cost and further prayed for a decree for restitution of conjugal rights which she claimed by filing a counter claim under Sec. 9 of the Hindu Marriage Act, 1955. It is admitted fact that the marriage between appellant and the respondent was solemnized and consummated. It is the contention of the respondent that she was subjected to mental torture for bringing sufficient dowry by her in -laws and she informed the same to her husband but he paid no heed and has withdrawn from the society of the respondent without any reasonable excuse. Accordingly, she prayed for decree of restitution of conjugal rights by way of counter -claim.