SMT. SANTOSH KUMARI Vs. RAJESH KUMAR

JUDGEMENT

(1.) THE parties were married on 4th May, 1984. In January, 1985, the husband came to Court with a petition under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights with the pleas that after marriage they stayed together for 10/12 days and, thereafter the wife went to her parent's place. When he wanted to bring her back, her parents put a condition that they will send her only if he takes up a separate residence from his parents. In spite of taking a panchayat she did not come. It is then pleaded that on 9.9.1984 from the wife's side a Panchayat had come and in pursuance of the settlement he brought her back on 16th October, 1984. They lived upto 5 -12 -1984 when her parents and other relatives came and took her away, and, thereafter she did not join his company.

(2.) THE wife denied the allegations and pleaded that she was maltreated by the husband and his parents and there was a demand for more dowry. She denied if her husband had come to take her on 16th October, 1984 or she had gone with him as per alleged settlement She blamed the husband for flatly refusing to take her or to keep her and he had threatened to go for second marriage. Her case was that she was turned out of the house much before 12 -5 -1984.

(3.) ON the evidence led in the case, the trial Court by judgment and decree dated 1 -10 -1986, granted decree for restitution of conjugal rights after accepting the evidence led by the husband. This is wife's appeal.