PRASHANT KUMAR Vs. PRIYANKA KUMARI

JUDGEMENT

(1.) Heard learned counsel for the petitioner on the point of admission and I intend to dispose of the present petition at the stage of admission itself.

(2.) The petitioner has filed the present petition against the order dtd. 22/4/2017 passed by the learned Principal Judge, Family Court, Saran at Chapra in Matrimonial Case No. 13 of 2015 instituted for restitution of conjugal rights, whereby and whereunder the learned Family Court rejected the petition dtd. 2/2/2016 filed by the petitioner for direction to the father of opposite party/respondent to make arrangement for treatment of opposite party with co-operation of the family members of the petitioner.

(3.) The case of the petitioner is that the respondent/opposite party is his wife and their marriage was solemnized on 4/12/2013 according to Hindu Rites and Rituals. The opposite party/respondent came to the house of the petitioner on 5/12/2013 and her behaviour was abnormal as she was under treatment for some mental ailment. The petitioner and his father got her treated at Sadar Hospital, Chapra and also at PMCH. Birth of a child also took place place out of the wedlock. On 25/1/2015, the mother of the opposite party/respondent came to the house of the petitioner and took the opposite party with her minor child to her maternal home. When the petitioner went to maternal house of the opposite party on 5/2/2015 to bring her back, the same was refused by the mother of the opposite party. Thereafter, the petitioner has filed a case for restitution of conjugal rights before the court of learned Principal Judge, Family Court, Saran at Chapra. The opposite party appeared and filed her written statement denying all the claims made by the petitioner and also made certain allegations against the petitioner and his family members. The opposite party also filed a criminal case against the petitioner and his family members under Sec. 498(A), 323, 307, 378 of the Indian Penal Code and Sec. 3 ,4 of Dowry Prohibition Act before the court of learned SDJM, Chapra. Thereafter, some sort of compromise took place and the opposite party again went to live with the petitioner. She again suffered from bouts of mental illness and became aggressive. Thereafter, the petitioner filed the petition dtd. 2/2/2016 for direction to the father of opposite party/respondent to make arrangement for treatment of opposite party with co-operation of the family members of the petitioner. The opposite party filed rejoinder on 22/3/2016 to the petition filed by the petitioner. Thereafter, after hearing both the parties, the learned Principal Judge, Family Court, Saran at Chapra rejected the petition dtd. 2/2/2016 filed on behalf of the petitioner.