AMRITA PRIYA Vs. SATISH KUMAR

JUDGEMENT

(1.) In this appeal challenge is to the order dated 12.1.2009 passed by the learned Principal Judge, Family Court, Rohtas at Sasaram.

(2.) The respondent-husband filed an application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights making certain allegations. Alternatively a prayer was made for divorce. As the wife did not appear in the proceeding, there was paper publication. Eventually, as is manifest, an ex parte order came to be passed by the learned Family Judge allowing the application of restitution of conjugal rights.

(3.) Mr. Siddharth Harsh, learned counsel appearing for the appellant submitted that the ex parte order passed by the learned Family Judge is unsustainable inasmuch as there had been no notice and the paper publication was not in a widely circulated newspaper. It is also urged by him that the husband has treated her with intolerable cruelty and a criminal proceeding under Section 498A of the Indian Penal Code has been registered against him at the instance of the wife.