DOLLY ROY Vs. RAJA ROY

JUDGEMENT

(1.) IN the aforementioned civil appeal and criminal revision the appellant -wife has challenged the legality, validity and propriety of the judgment and order passed by the learned Judge, Family Court, Rourkela dated 16.12.1998 and 25.9.1998 in Civil Proceeding No. 88/1997 and Criminal Proceeding No. 64/1997 respectively allowing the prayer of the respondent -husband for restitution of conjugal right Under Section 9 of the Hindu Marriage Act and rejecting the prayer of the petitioner -wife for maintenance Under Section 125 of the Code of Criminal Procedure.

(2.) THE factual matrix leading to these cases is as follows : The marriage between the appellant and the respondent was solemnised on 26.11.1995 according to Hindu rites and customs. Their' marriage was consummated immediately thereafter. The appellant -wife joined her matrimonial house and stay there for about a year. During the period' of gestation she came back to her parents' house. Before birth of the child she was taken to Ispat General Hospital, Rourkela and a female child was born on 17.10.1996. After the birth of the female child the appellant went back to her parents' house with the child. It is alleged by the respondent that even after great amount of pursuasion, the appellant did not join his company and thereafter he had finally sent a registered notice calling upon the appellant -wife to join with him on 20.3.1997. The appellant -wife also replied to such notice saying that she was subjected to torture, harassment and cruelty, therefore, she was unwilling to join the respondent. Within a span of two months, i.e. on 15.5.1997 the respondent -husband filed an application before the learned Judge, Family Court, Rourkela for granting a decree of restitution of conjugal rights and dissolution of marriage. The learned Judge, Family Court, on the basis of the evidence of the respondent -husband and also the wife, granted a decree of restitution of conjugal rights. That is how the appellant -wife has challenged the said order.

(3.) WITH the consent of both parties, the civil appeal as well as the criminal revision were taken up for hearing and are disposed of hereunder.