SWAMI NATH TIWARI Vs. ABHA RANI

JUDGEMENT

(1.) The husband is aggrieved of the judgment dtd. 22/2/2017 passed in Title Matrimonial Suit No. 230 of 2013 and the decree dtd. 28/2/2017 prepared thereon - suit for restitution of conjugal rights filed by the wife has been decreed.

(2.) Title Matrimonial Suit No. 230 of 2013 was instituted by the wife on the ground that her husband had withdrawn himself from her society without any reasonable cause or excuse. Their marriage was solemnized on 17/4/2000 at Sector-III/B, Quarter No. 299, B.S. City, Bokaro and after the marriage she lived in her matrimonial home for some time. At the time of the marriage, she was a medical student and at the instance of her husband she went to Kazakhstan (Russia) for study. As per the plaint averments, she was not extended proper respect and honor by her husband and in-laws and whenever she visited her matrimonial home the family members of her husband abused, tortured and embarrassed her in various manners for their unlawful demand of dowry. In the circumstances, she was constrained to lodge a First Information Report under sec. 498A of the Indian Penal Code and sec. 3/4 of the Dowry Prohibition Act against her husband and his family members vide Harla PS Case No. 31 of 2007 dtd. 20/2/2007. Her husband instituted Title Matrimonial Suit No. 12 of 2008 seeking divorce and it was dismissed on 9/5/2013. She further asserted that during trial of the criminal case she always tried for amicable settlement of the matter but her husband did not agree to keep her in his society.

(3.) In paragraph no. 2(c) of the plaint, the wife has averred as under: