HINA SINGH Vs. SATYA KUMAR SINGH

JUDGEMENT

(1.) In this appeal under Section 19 of the Family Courts, Act, 1984, the appellant-wife has challenged the judgment and decree dated 18/3/2006 passed by the Principal Judge, Family Court, Dhanbad in Matrimonial Suit No. 2/2003 whereby he has ordered for dissolution of marriage by mutual consent.

(2.) The facts of the case lie in a narrow compass : The respondent-Satya Kumar Singh married with the appellant, Smt. Hina Singh on 27/4/2001 in accordance with the Hindu rites and customs. In 2003 the respondent- husband filed an application under Section 9 of the Hindu Marriage Act for a decree of restitution of conjugal right alleging, inter alia, that after marriage the appellant lived with him for about three weeks and, thereafter, she went to Kolkata. It was alleged by the respondent that the appellant had gone to Kolkata but she did not come back with him. On 26/10/2001 the appellant came to her matrimonial home and started threatening and torturing the entire family members of the respondent. On 10-12-2001, the father of the respondent along with his two nephews came to the residence of the respondent and took her to Kolkota. Thereafter, the respondent alleged to have made several attempts to take her back to her matrimonial home, but all efforts went in vain. Hence, the respondent filed the aforementioned suit for a decree of restitution of conjugal right.

(3.) On receipt of summon, the appellant appeared and filed application for time for filing written statement. On last date being 11/2/2005, the Principal Judge allowed time to the appellant for filing written statement by 18/3/2005. On 18/3/2005. the Principal Judge decreed the suit by passing order of dissolution of marriage on mutual consent. The said judgment and decree is the subject of the matter of this appeal.