SMT. RITA PRAJAPATI @ RITA KUMARI, WIFE OF SHRI SANJAY KUMAR, DAUGHTER OF SRI GOPAL PANDIT, RESIDENT OF VILLAGE SONUWA RAILWAY STATION, P.O. & P.S. SONUWA (CHAKRADHARPUR) DISTRICT SINGHBHUM WEST Vs. SANJAY KUMAR, SON OF LATE MOTI RAM KUMAR, RESIDENT OF HOUSE NO.1078, B BLOCK, KUMHARPARA SONARI, P.O. SONARI, P.S. TOWN JAMSHEDPUR, DISTRICT EAST SINGHBHUM

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 23rd Sept., 2011, decree signed on 14th Oct., 2011, passed by Sri Satish Chandra Singh, learned Principal Judge, Family Court, Jamshedpur in connection with Matrimonial Suit No.121 of 2008, whereby the appellant-wife has been directed to restore conjugal life with the respondent-husband within thirty days from the date of the order, failing which the respondent-husband would be at liberty to restore the same through due process of law.

(2.) The background of the present appeal is that the respondent filed a matrimonial suit, being Matrimonial Suit No.121 of 2008, in the court of learned Principal Judge, Family Court, Jamshedur under Sec. 9 of the Hidu Marriage Act, 1955 for restitution of conjugal rights with the appellant. The facts of the case are that both the parties are legally wedded husband and wife and their marriage was solemnized on 12th May, 2006 at Sonuwa Railway Station, District West Singhbhum, according to Hindu rights and customs. Both the parties have been living separately since 12th Oct., 2007. According to the Respondent-husband, his wife had been staying separately without any reasonable excuse, whereas stand of the Appellant-wife was that her husband used to torture her and wanted to kill her and as such she went back to her father's house to save her life from the husband. Further case of the appellant was that the respondent never attempted to bring her back and wanted to grab money from her father because she happens to be the sole daughter of her parents.

(3.) In support of his case, the respondent examined three witnesses viz. P.W.1-Sanjay Kumar (respondent himself), P.W.2-Tun Tun Singh and P.W.3-Shiv Kumar Singh. On the other hand, the appellant examined two witnesses viz. R.W.1-Aditya Kant Nayak and R.W.2-Gopal Prajapati (father of the appellant). However, the appellant herself was not examined as witness.