AKIL ALAM Vs. TUMPA CHAKRAVARTY

JUDGEMENT

(1.) The instant appeal has been filed on behalf of the appellant under Sec. 19(i) of the Family Courts Act, 1984 against the judgmentdtd. 28/11/2023 [decree signed on 11/12/2023] passed by the learned Principal Judge, Family Court, Deogharin Original Suit No.137 of 2021, whereby and whereunder, the Suit for restitution of conjugal right filed by the petitioner husband (appellant herein) under Sec. 22 of the Special Marriage Act 1954 has been dismissed.

(2.) The brief facts of the case are referred herein as under: The case of petitioner/appellant is that the respondent is the legally wedded wife of the petitioner and their marriage was solemnized on 4/8/2015. After marriage, both the petitioner and respondent had been living together as husband and wife at Amarpur. After some days of marriage, the respondent came to her parental house on 10/10/2015, without any reasonable excuse and she has left society of the petitioner. The petitioner requested the respondent to lead conjugal rights on several occasions but the respondent always refused to accompany with the petitioner and she had stated to the petitioner to leave his profession and settle at the Deoghar, as Gharjamai. The petitioner is a Pathologist and he works at Govindpur. The petitioner is ready and willing to maintain the respondent with full dignity and honour and he has no alternative but to take recourse of this no Court for restitution of his conjugal rights. The cause of action for the suit arose on 27/12/2019, when the respondent refused to live with the petitioner.

(3.) Notice was issued to the respondent who appeared and filed her written statement stating therein that the instant suit is misconceived, unwarranted and not maintainable either on facts or material available on record.