POONAM KESAR Vs. SANDEEP THAMMAN

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant-wife against the judgment and decree dated 16.05.2017 in a petition filed under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act'), which was passed by the Court below in favour of the respondent-husband and the appellant-wife was therein directed to join the company of the respondent-husband.

(2.) Brief facts of the case, which may be noticed herein, are that the marriage between the parties was solemnized on 12.08.2006 as per Hindu rites and customs at Banga. After the marriage, the parties resided and cohabited at Banur. The appellant-wife being a green card holder of Italy had been living in Italy since 2001. After the marriage, respondent-husband too accompanied the appellant-wife to Italy in the year 2008. A son was born out of the said wedlock on 05.11.2008 at Italy.

(3.) In the petition filed under Section 9 of the Act, the respondenthusband alleged that even though the appellant-wife was treated with love and affection by him and his family yet her behaviour towards them was highly unbecoming as she would often loose temper over trivial issues and used foul language against him and his mother to the extent that she did not even hesitate to humiliate them in front of outsiders. It was also alleged that she had been indulging in such behaviour at the behest of her family. It was further contended in the petition that the respondent-husband along with appellant-wife and their son had to return in 2015 to their village Banur from Italy on account of his ill- health. Thereafter, in the first week of July, 2015, the appellant-wife along with their son left for her parental home at Banga without informing the respondent-husband or any other member of the family. Respondent-husband further averred in the petition that despite his continuous and numerous efforts in making the appellantwife to return to the conjugal fold, it proved to be a futile exercise.