SUNIL KUMAR LOHIA Vs. BISHNA

JUDGEMENT

(1.) Appellant Sunil Kumar Lohia has preferred the appeal aggrieved by the decree of restitution of conjugal rights passed by the trial Court in the petition under Section 9 of the Hindu Marriage Act, 1955 filed by respondent Bishna.

(2.) It has been contended in the petition filed by the respondent herein that the appellant and the respondent solemnized marriage on 15.6.2005 at Shiv Vakunt Dham Mandir, near Tribune Chowk, Chandigarh according to Hindu rites and ceremonies in the presence of friends of both the parties. After marriage, they lived and cohabited together as husband and wife at various places at Chandigarh. No child was born out of the wedlock. In the month of July, 2005 the appellant left for Bhubneshwar for getting training in an industrial unit. The appellant kept on visiting the respondent herein and the respondent herein also visited him at Bhubneshwar. The appellant and the respondent proceeded to the residence of the appellant at Kurukshetra, where the parents of the appellant expressed their unwillingness to admit the marriage. When they came to know of the marriage, they started using abusive language against the respondent and her friends. The respondent tried to reconcile the parents of the appellant, but to no avail. The respondent had to come back to her parents' house at Chandigarh. On 29.8.2005, when the respondent contacted the appellant, he refused to listen to her and informed her that he would prefer to go as per the choice of his parents. The appellant has withdrawn from the society of the respondent without reasonable excuse. Hence, the petition under Section 9 of the Hindu Marriage Act praying for restitution of conjugal rights.

(3.) The appellant filed written statement before the trial Court contending therein that there was no marriage ever solemnized between the appellant and the respondent on 15.6.2005. The appellant never cohabited with the respondent at any time in his life. The appellant joined a gym to maintain his physical fitness. The respondent used to stare at him, but the appellant ignored the solicitation of the respondent. One Tuesday evening, the respondent who walked past the appellant came out of the temple, kissed him and forcibly caught his hand and put it on her breast. In the meantime, a boy who was on a motorcycle took photograph of the incident. The respondent started blackmailing the appellant with those photographs. After few days, the respondent came to meet the appellant and gave him some type of prasad to eat. The respondent had mixed something in the parsad to mesmerize the appellant. The respondent expressed her desire to marry him. But the appellant was shocked to hear such a desire on the part of the respondent. The appellant was below 21 years of age at that time. On 15.6.2005, the appellant participated in a get-together organized by the respondent. The appellant was taken to a Mandir near Tribune Chowk, Chandigarh. A baba who was in the Mandir gave the appellant something to eat as prasad after performing puja. Soon thereafter, the appellant started feeling drowsy. The appellant was not aware of what actually happened thereafter. The appellant was never in his senses at that time. The respondent visited Kurukshetra on 29.8.2005 and used filthy language against the parents of the appellant. With the above contentions in the written statement, the appellant has sought for dismissal of the petition filed by the respondent herein.