PUSPA KUMARI Vs. PARICHHIT PANDEY

JUDGEMENT

(1.) THIS appeal at the instance of the appellant- respondent No. 1 is directed against the judgment dated 16-6-2000 and decree dated 27-6-2000 passed in Title (Matrimonial) Suit No. 12 of 1996 whereby and whereunder the learned 1st Additional Sessions Judge, Bokaro allowed the suit in favour of the plaintiff and against the appellant-respondent No. 1.

(2.) THE case of the plaintiff-respondent No. 1 in brief is that Parichhit Pandey alias Ashutosh Pandey (Plaintiff) was married to Smt. Puspa Kumari (appellant-respondent No. 1) according to Hindu rites and customs on 11-5-1995 at Bokaro Steel City at the residence of respondent No. 2. After solemnization of the marriage, the appellant-respondent No. 1 went to her matrimonial house at Gharmandha, Sindri, within the district of Purulia and within two to three days of her marriage, her father brought appellant-respondent No. 1 to his residence and thereafter appellant-respondent No. 1 did not return to her matrimonial house. Plaintiff, thereafter, made several attempts to bring his wife back to his house and even took help of common relation, but of no avail as respondent No. 2 bluntly refused to send her daughter to the plaintiff's house. The last attempt was made on 12-3-1996 by the plaintiff to bring her back but this time also, his attempt failed and so finding no way out, he filed this matrimonial suit under Section 9 of the Hindu Marriage Act for restitution of conjugal right.

(3.) ON the basis of the pleadings of the parties, following issues were framed for their determination in the suit :