RATNA PRABHA DAS Vs. DULAL SHYAM CHANDRA CHOUDHARY

JUDGEMENT

(1.) This appeal at the instance of the appellant-wife is directed against the impugned judgment and decree dated 21-12-1991 and 8-1-1992 respectively passed in Matrimonial Title Suit No. 5 of 1989 by Shri J. K. Narayan, 2nd Additional Judicial Commissioner, Ranchi whereby and whereunder the matrimonial title suit filed by the petitioner/respondent-husband under Section 9 of the Hindu Marriage Act, 1955 for restitution of his conjugal rights with his appellant-wife was decreed and the appellant was directed to live with her husband for leading conjugal life and to render marital obligation within two months from the date of the decree.

(2.) The respondent-husband filed the Matrimonial Title Suit No. 5 of 1989 for restitution of his conjugal rights with his appellant-wife as she has withdrawn from his society without any reasonable excuse.

(3.) The case of the respondent-husband, in brief, is that the appellant is his lawfully wedded wife and their marriage has been performed in accordance with Hindu religion and rites on 7-12-1981 at Indrapuri, P. S. Sukhdeo Nagar, District Ranchi and his appellant-wife came to her matrimonial home and she led her conjugal life with him and the marriage was consummated and during that period of their wedlock, she was blessed with a son on 27-5-1983. It is alleged that after the birth of their son, the mother of the appellant came to his house and she expressed her desire to take the appellant along with her new born child to her house for their proper care and also for preparation of B.A. Examination of the appellant as the appellant had intended to appear in the B.A. Examination, 1983 and the appellant with her son went to her parents house on 11-7-1983 with her mother due to the reason of the marriage of her younger sister. Thereafter, he visited the parents house of the appellant several times and asked the appellant to live with him in his house at Morabadi, Ranchi but she evaded the same on one pretext or the other and his request to the parent of the appellant for her "Bidai" from there for leading conjugal life with him, was also refused and this led to strained relationship between him and the mother of the appellant, who has complete dominion over the appellant. It is alleged that thereafter he managed to meet the appellant on the road and in the month of December, 1983 he requested her to lead happy conjugal life with her but she refused flatly and stated that she is a graduate having a son and she will stand on her own legs, but in spite of that he went on approaching her on several occasions between the period of 1984 to 1988 for leading conjugal life together and finally on 4-1- 1989 but all in vain. It is also alleged that the appellant has withdrawn herself from his society without any just and reasonable excuse.