RADHEY SHYAM Vs. BHAGWATI BAI

JUDGEMENT

(1.) This civil misc. appeal under section 19 of the Family Court Act, 1984 has been filed against the judgment and decree dated 21.7.2011 passed by the Judge, Family Court, Kota in Civil Misc. Application No.348/2007 whereby the application filed by the appellant for restitution of conjugal rights has been dismissed.

(2.) Brief facts of the case are that the appellant 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 his marriage was solemnized with respondent about 9 years back. On 18.4.2007, respondent deserted the house of the appellant-husband after taking her ornaments along with Rs. 50,000/-. It was further averred that the appellant went several times to bring his wife but the father of respondent-wife refused to send her with him. Appellant asked his wife to return the money then she told that as and when the same would be arranged she will accompany with him. That on one day, during the stay at night at the house of father-in- law, he was maltreated and warned that if he again tried to visit them then he will face dire consequences.

(3.) The respondent-wife controverted all allegations and it was stated that appellant always misbehaved with her like animal and several times she was beaten severely. She instituted a case for offence under domestic violence and the appellant was restrained by the court. All the ornaments have been returned and further stated that she never brought Rs. 50,000/- with her and to save himself from the clutches of liability of maintenance it was so alleged. Appellant and his son both frequently terrorize her hence she has apprehension that she will not be safe with appellant in future.