SANTANMA SAHA Vs. HOLIKA DEVI

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 8th April, 2004, passed by learned Additional District Judge I, Rajmahal in connection with Title (Matrimonial) Suit No.26 of 1998 whereby and whereunder the petition filed by the plaintiff/appellant u/s 9 of the Hindu Marriage Act was dismissed.

(2.) It is submitted that the respondent/defendant left the house of the appellant on 23.08.1998 at the instance of Jitan Saha and Babna Saha and she had stolen away cash and ornaments from the house. Since the respondent/defendant had withdrawn herself from the society of the appellant without cogent reason, he filed a petition u/s 9 of the Hindu Marriage Act for restitution of conjugal right. In support of his contention appellant also led evidences both oral and documentary but the learned Additional District Judge did not consider the same and passed the impugned judgment which is highly erroneous and illegal and liable to be set aside.

(3.) On the other hand, learned counsel appearing for he respondent/defendant has submitted that the cruelty was meted out towards defendant/respondent. It is not the case of the appellant that after the respondent left her matrimonial home, he filed a suit for restitution of conjugal right, rather he had filed a criminal case with false and frivolous allegation that she had committed theft of cash and ornaments from the house. The learned Additional District Judge has rightly held that institution of criminal case with false allegation amounts to cruelty and that was valid reason for the respondent to withdraw herself from the society of appellant. There is no merit in this appeal and the same is liable to be dismissed.