AMAN SINGLA Vs. ALKA MITTAL

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant-husband impugning the judgment and decree dated 28.09.2017, passed by the Learned Additional Civil Judge (Sr. Division), Yamuna Nagar at Jagadhari (hereinafter referred to as the 'Ld. Court below'), whereby, the petition filed by the appellant-husband under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for Restitution of Conjugal Rights, was dismissed.

(2.) A few facts necessary for adjudication of the case, as narrated in the petition filed by the appellant-husband before the Ld. Court below, may be noticed. Marriage between the parties was solemnized on 15.06.2012 at Patiala as per Hindu rites and ceremonies. After the marriage, the parties resided and cohabited together as husband and wife and out of the wedlock one male child was born on 16.03.2013, who is at present in the care and custody of the respondent. It was a simple marriage and nothing was given to the appellant-husband in the shape of dowry. On 23.06.2013, the mother of the respondent misbehaved the appellant-husband and took the respondent forcibly while taking all the ornaments, which were given at the time of the marriage. So, ultimately in the month of June, 2013 respondent-wife left the company of appellant-husband without any reasonable cause. Efforts were made for reconciliation, but all in vain.

(3.) Per contra, in the reply filed by the respondent-wife, she admitted the factum of marriage having been solemnized between the parties and also the birth of a male child out of their wedlock. However, she submitted that her parents had spent approximately Rs.8.00 lakh on her marriage and given enough dowry at the time of marriage. It was also averred by her in the written statement that family members of her husband were not happy with the dowry articles given in the marriage and kept taunting her with further demand of more jewellary. When demands raised by the appellant's family were not fulfilled then the respondent-wife was beaten and on 23.01.2013, she was turned out of the matrimonial house. Upon this, Panchayat was also convened by her parents and some settlement was done but she continued to reside at her parental house. Thereafter, she gave birth to a male child and she was again taken back to the matrimonial house by her father-in-law alongwith her child on 01.05.2013 but even after that behaviour of the appellant's family towards her remained cruel. So, she gave an application at Police Station Tripuri, Patiala but the matter was compromised on 23.06.2013 and again she came back to matrimonial house alongwith minor son. On 01.07.2013, the appellant's family members gave her beatings and turned her out of the matrimonial house and the matter was again reported to the police on 04.07.2013, but no action was taken.