RAJU SAH Vs. RINKU DEVI

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) Learned counsel for the Appellant stated that the appellant-husband is a labourer and Respondent-Wife is a home maker and marriage was solemnized on 2/6/2005 according to Hindu customs in village- Vishunpur, Dist- Gopalganj and after marriage the Respondent-Wife came to her matrimonial home. Daughter was born out of their wedlock. The respondent-wife and her parents wanted the appellant-husband to stay at her mother's house and not with appellant-husband's parents house. That the appellant-husband refused to do so and as alleged by the learned counsel for the appellant-husband respondent-wife left her in-laws house on 15/10/2010 with all her belongings alongwith appellant-husband's mother's jewelry and since then, Respondent has been living at her parental house. It is further submitted that there has been several attempts made by the appellant to bring the respondent-wife back to the matrimonial home but the respondent-wife refused to join him.

(3.) The appellant-husband filed a R.C.R. case No. 103 of 2012 against the respondent-wife in the Court of Principal Judge Family Court, Siwan for restitution of conjugal rights under Sec. 9 of The Hindu Marriage Act, 1955.