ARATI PANIGRAHI Vs. SUBALA

JUDGEMENT

(1.) THIS appeal under Section 19 of the Family Court Act has been flied by the Appellant challenging the legality & propriety of the Order Dated 03.01.2014 passed in Civil Proceeding No. 19 of 2013 by the Learned Judge, Family Court, Bhawanipatna, district Kalahandi, wherein the Learned Judge, Family Court has been pleased to allow the petition under Section 9 of the Hindu Marriage Act, 1955 filed by the Respondent for restitution of conjugal rights thereby directing the present Appellant to join the society of her husband -Respondent within two months from the date of service of the copy of the Judgment/decree to lead their happy conjugal life failing which the Respondent is at liberty to take recourse to the process of law. The facts in nut shell are that the marriage of the present Appellant with the Respondent was solemnized on 18.02.2010 at village Jhalapali as per caste, custom & ceremonies according to Hindu rites & the marriage was consummated at village Jolko in the house of the Respondent. As per Respondent's averment at the time of marriage some dowry articles including gold ornaments were given to the Appellant by the father of the Respondent & after marriage as per tradition both the parties & their family members reciprocated by visiting to the house of the other side. It has been alleged by the Respondent that after some days of marriage in the month of June or July, 2010, the father of the Appellant telephoned the Respondent intimating the illness of the mother of the Appellant. After hearing the news of illness of her mother -in -law of the Appellant, father of the Respondent arranged a vehicle for both the Appellant & Respondent to see the ailing mother of the Appellant. To the utter dismay & consternation, it turned out to a hoax since on their arrival, the Respondent found her mother -in -law to be in a hale & hearty condition. The Respondent returned to his house & the Appellant stayed back in her parental home. On some pretext or other, the Appellant did not return to her in -laws place despite persistent & sincere efforts by Respondent. The obstinate attitude of Appellant led sort of misunderstanding resulting in discord between the parties. During her stay in the parental house, the Appellant lodged an F.I.R. against the Respondent at Kesinga Police Station & the Respondent was sent to judicial custody for some days. Since the Appellant without any rhyme & reason has withdrawn from the society of the Respondent without reasonable excuse, the Respondent was constrained to approach the Learned Family Court under Section 9 of the Hindu Marriage Act for restitution of conjugal life.

(2.) THE Appellant in the aforesaid matter filed written statement admitting the factum of marriage & the institution of case under Sections 498 -A/294/506/34, I.P.C. read with Section 4 of the D.P. Act against the Respondent. Since the Appellant has been subjected to ill -treatment & desertion, she claimed for Rs. 5,000 per month towards maintenance. On the pleadings of the parties, Learned Judge, Family Court framed the following issues for adjudication.

(3.) THE Respondent in order to substantiate his case has examined himself as P.W.1 & his father as P.W.2 & Ext. 1 is the marriage invitation card & Ext. 2, is the certified copy of F.I.R. in Kesinga PS. Case No. 60 of 2011 corresponding to S.D.J.M., Bhawanipatna C.T. Case No. 283 of 2011 & the Appellant adduced no evidence in support of her written statement.