VIJAY LAKSHMI DEVI Vs. GAUTAM KRISHNA MISHRA

JUDGEMENT

(1.) In this appeal preferred under Section 19 of the Family Courts Act, 1984, the wife-appellant has called in question the justifiability of the order dated 18.2.2009 passed by the learned Principal Judge, Family Court, Darbhanga in Matrimonial Case No. 158 of 2008.

(2.) The husband filed an application for restitution of conjugal rights before the Family Court contending, inter alia, that the marriage between the petitioner and the opposite party therein was solemnized according to Hindu rites and customs on 29.4.2007. After Dwiragaman on 3.5.2007, the wife came to the matrimonial home. She stayed in the marital home for few days. The husband proceeded to Delhi where he was doing a job and the wife went to her parental home. On 14.11.2007, as set forth, the wife, on being requested, came to Delhi and lived with the husband but after few days pressurised him to go back to Danapur, home of her parents. The husband, as alleged, endeavoured to have the company of his wife at Delhi but she did not accede to the said request. Eventually, on 5.1.2008 she left the matrimonial home and came to live with her parents. All efforts to bring her back went in vain. Whenever the respondent-husband tried to bring her back to his home she misbehaved with him. It was further alleged that she was in the habit of demanding money for her maintenance and, on query being made in that regard, she used to abuse the entire family of the petitioner and threatened for divorce. In the aforesaid backdrop the prayer was made for restitution of conjugal rights or, in the alternative, for a decree of divorce.

(3.) After the application was filed, notices were issued by registered post and despite service of the same she chose not to appear. Thereafter the learned Family Judge directed for publication of notice in daily newspaper which was carried out but she chose not to contest. Ultimately, the Family Court proceeded for ex-parte hearing.