SUSHMA KNMARI Vs. OM PRAKASH

JUDGEMENT

(1.) The present revision application arises out of matrimonial case. The petitioner is aggrieved by the order dated 9-5-1991 passed by Vlth Additional District Judge, Patna, in Matrimonial Case No. 105 of 1989, by which he allowed the prayer of the Opposite party for making endeavour for reconciliation between the parties, as provided under sub-section (2) of Section 23 of the Hindu Marriage Act (hereinafter referred to as 'the Act'.

(2.) The opposite party filed the aforesaid petition for restitution of conjugal rights on the allegations that his marriage with Shushma Kumari was solemnised in a Kali Mandir at Darbbanga house on 30-11-1987 in presence of friends and well-wishers. The father of the girl was not agreeable to the marriage on the ground that his son was married with the. sister of the opposite party. Both lived as husband and wife for sometime at his house and later on Sushma Kumari went to her father's place and when he went to his father-in-law's place for Bidai of his wife he was not allowed to take her with him on one pretext or the other and, lastly, on 17-12-1989 Sushma Kumari also refused to come along with him. She has withdrawan from his society without any reasonable excuse and hence, the necessity for filing the petition for restitution of conjugal rights.

(3.) During the pendency of the case, a petition was filed on behalf of the opposite party before the court for taking steps for reconciliation as provided under Section 23 (2) of the Act. The petitioner objected to the aforesaid prayer of the opposite party by filing a rejoinder stating therein that there was no relationship of husband and wife between the parties and as such there is no question of taking steps for reconciliation between the parties.