NAVAJIT PATOWARY Vs. KARABI THAKURIA PATOWARY

JUDGEMENT

(1.) Heard Mr. U.C. Rabha, learned counsel for the appellant and Mr. R. De, learned counsel appearing for the respondent.

(2.) The appellant is before this Court assailing the judgment dated 26.9.2017 passed by the Family Court-1, Kamrup, in F.C.(Civil) Case No.746/2011.The Court below through the said judgment has dismissed the petition filed by the appellant herein under Section 9 of the Hindu Marriage Act, 1955, seeking for a judgment and decree for restitution of conjugal rights.

(3.) The brief facts are that the marriage between the appellant and the respondent was solemnized on 09.05.2007 and they have two children from the said marriage. According to the appellant, since the respondent had left the appellant and gone to her parental home on 20.05.2011 and had not chosen to return and continue the conjugal relations with the appellant, he had filed the petition under Section 9 of the Hindu Marriage Act before the Court below seeking restitution of the conjugal rights. The respondent having appeared had filed the written statement disputing the case as put forth by the appellant and providing justification for staying away from the appellant. The Court below in that background had framed three issues for its consideration and proceeded to consider the matter on merits.