DRUPATI SAHU Vs. SANTOSH SAHU

JUDGEMENT

(1.) This is a defendant's appeal against reversing judgment.

(2.) Plaintiff-Respondent instituted the suit under Sec.9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. The case of the plaintiff was that the defendant is his legally married wife. She left the house of the plaintiff two days before Kartika Purnima, 1982 on the pretext of attending the Balijatra at Khuntapali against the wish of the plaintiff. She did not return. All his attempt to bring her back was futile. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

(3.) The defendant entered contest and filed written statement pleading inter alia that after marriage, the plaintiff and his mother treated her with cruelty. While she was in advanced stage of pregnancy, she was driven out by the plaintiff. She was compelled to stay in the house of her parents. She gave birth to a daughter. The plaintiff never came to see her and the daughter. He did not take care of them. A panchayat was convened in Aswin 1982, whereafter the plaintiff took her and the daughter. Again she was tortured and driven out from the house in Margasira, 1982. The reconciliation made by her father failed. She was compelled to initiate proceeding under Sec.125 Cr.P.C. for maintenance.