NISHA SHARMA Vs. PAWAN KUMAR

JUDGEMENT

(1.) This appeal has been preferred by the appellant Smt. Nisha Sharma against the order of the learned Family Court, No.1, Jaipur on 16.9.2014. By this order, the learned Family Court allowed the Matrimonial Application No.308/2013 filed by Pawan Kumar, respondent herein, against Smt. Nisha Sharma, appellant herein u/s 9 of the of the Hindu Marriage Act (for short "the Act") for restitution of conjugal rights.

(2.) Brief facts giving rise to this appeal are that marriage between the parties was solemnized on 26.6.2004 according to Hindu rites and customs at Bundi. Out of their marriage wedlock, one male child was born. After marriage, respondent and appellant were living peacefully. After sometime of marriage, the appellant wife came in the influence of her friend Mamta Choudhary and started misbehaviour with respondent husband and his family members. Appellant wife threatened to implead them in false criminal cases. The appellant wife went to her parental house on her own will on 26.2.2013. When respondent Pawan went to take her back, she refused to go with him and left the respondent without any reasonable cause.

(3.) The appellant submitted reply to the application and denied its contents. The appellant stated that the respondent and his family members demanded dowry and for that the appellant wife lodged an FIR No.59/2007 at Police Station, Mahila Thana, South, Jaipur against respondent husband and his family members on 11.6.2007 for the offence under Section 498A, 406 and 323 IPC and challan was also filed against them. After that, compromise was taken place between the parties on the assurance of them not to harass her in future for dowry demand. After sometime of compromise, the respondent and his family members again started misbehaviour with the appellant. The appellant again submitted a report on 18.3.2013 at Police Station, Sadar, Devpura, Bundi. Again, after assurance given by the family members and other relatives of the respondent, they took away the appellant wife with them at her maternal home. Thereafter, again the respondent harassed her and for that the appellant lodged other FIR No.32/2013 at Police Station Mahila Thana, Sadar Devpura, Bundi, for the offence under Section 498A and 406 IPC and chargesheet was filed against the respondent and his parents for which they are facing trial. The learned Family Court framed the following issues: