RAJESH MEGHWAL Vs. SHARDA

JUDGEMENT

(1.) This civil misc. appeal under Section 28 of the Hindu Marriage Act, 1955 has been filed against the judgment and decree dated 2nd April, 2009 passed by the Judge, Family Court, Kota in Misc. Case No. 188/2005 (Rajesh Meghwal v. Sharda) whereby the application filed by the appellant for restitution of conjugal rights has been dismissed.

(2.) Briefly stated the facts for the disposal of the present appeal are that the appellant-applicant filed an application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the learned Judge, Family Court, Kota stating therein that respondent-Sharda (wife) had left her matrimonial house in the year 2004 without any rhyme or reason and she had also lodged a false complaint under Section 498A and 406 IPC against the appellant and all the family members. It was also alleged in the application that the applicant was always ready and willing to keep the respondent-wife with him, therefore, application moved under Section 9 of the Act was required to be allowed.

(3.) Reply to the application was filed by the respondentwife controverting all allegations made in the application and it was, inter-alia, stated that the appellant-applicant husband used to mal-treat her and had also given severe beating to her on several occasions. It has also been specifically stated that while she was pregnant, severe beating was given to her as a result of which abortion took place. It has further been stated that in the year 2004 she was thrown out of her matrimonial house and since then she was living with her parents. It has also been stated in the reply that from the very beginning of the marriage which took place in the year 2003, the appellant-applicant started harassing her and was making constant demand for bringing dowry and on one occasion her father had given a sum of Rs. 20,000/- but the matter did not end there and her life was made miserable.