APLOD VITTAL Vs. APLOD MEERA

JUDGEMENT

(1.) Feeling aggrieved by the order dated 18.07.2019 in HMOP No.2 of 2018 of Senior Civil Judge, Nirmal, the appellant - husband preferred the present appeal.

(2.) Vide aforesaid order, the Court below allowed the petition filed by the respondent - wife under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act') for restitution of conjugal rights.

(3.) The contention of the respondent - wife before the Court below was that her marriage with the appellant was performed on 08.05.1998 at Nigwa village of Kubeer Mandal as per Hindu rites and customs. They have blessed with two children out of their wedlock, namely, Vaishnavi and Adarsha. The appellant - husband is a doctor by profession, holding B.H.M.S. degree. According to the respondent - wife both of them lead marital life happily for some time and thereafter, the appellant - husband shifted his practice from Bhainsa to Shivini village, Kinvat Taluqa, Nanded District, Maharashtra. There he became a famous doctor and his practice was very lucrative and he earned lot of money, out of which he has purchased plot and constructed a double storied building in Shivini village. Thereafter, the appellant - husband started demanding Rs.10,00,000/- as additional dowry on the ground of payment of donation to his daughter for getting MBBS seat. It is also her contention that the appellant - husband started suspecting her fidelity and finally on 05.082016 she was driven out from the matrimonial house and since then she has been staying with her parents at Nigwa village. She also alleged bigamy and according to her the appellant - husband married one Preethi Wadke.