OM BRAMHABID MISHRA Vs. AYUSHMATI SUBHRA MISHRA

JUDGEMENT

(1.) Appellant-husband is before us in appeal being aggrieved by judgment dtd. 5/11/2022 of the family Court, dismissing the petition filed by him, for restitution of conjugal rights under Sec. 9 of Hindu Marriage Act, 1955.

(2.) Ms. Jena, learned advocate appears on behalf of appellant- husband. She submits, after the marriage the couple moved to Bengaluru and thereafter Visakhapatnam as her client's job took him to those places. Her client tendered in evidence exhibit P-1 series. They are prescriptions dtd. 9/12/2017 and 17/8/2019. The prescriptions were by the doctor, who is also professor of psychiatry in Andhra Medical College and Superintendent, Government Hospital for Mental Care. The duly tendered documents were good evidence to show that her client was keen for obtaining treatment of respondent-wife. She, however, left his society and therefore the petition under Sec. 9 for getting them back together. The family Court failed to appreciate the facts and erred by dismissing the petition. Impugned judgment be set aside in appeal and decree for restitution of conjugal rights.

(3.) Mr. Acharya, learned advocate appears on behalf of respondent-wife. He submits, there is no error in impugned judgment. The learned Judge appreciated demeanor of his client, who endured the cross-examination. The learned Judge correctly found that his client had answered the questions without displaying any abnormality.