BIJAY KUMAR SINGH Vs. MANJU DEVI

JUDGEMENT

(1.) THIS appeal filed by the appellant is directed against the judgment dated 30-9-2005 and its corresponding decree dated 7-10-2005 passed by the Principal Judge, Family Court, Bokaro, in Title Matrimonial Suit No. 39 of 1996 whereby the suit filed by the appellant under Section 9 of the Hindu Marriage Act praying for a decree against the respondent for restitution of his conjugal rights was dismissed.

(2.) AS per the pleadings of the applicant/appellant in the suit, his marriage with the respondent was solemnized on 21-4-1992 at Jamshedpur according to Hindu rites and customs and thereafter the couple enjoyed their conjugal relations at the house of the appellant at Chandrapura for about a month. However, on account of the alleged unwarranted interference by the father of the respondent, disputes between the spouses arose as a result of which, the wife left the house of her husband withdrawing herself from his company and began to live in the house of her parents at Jamshedpur. Repeated attempts on the part of the appellant-husband pleading with his wife to return to him and resume conjugal relations having failed, the suit for a decree against his wife for restitution of conjugal rights was filed by the appellant. The respondent wife contested the suit by filing her written statement making specific allegations against the appellant and stating inter alia that though for the initial few months after marriage, she was treated well at her matrimonial house, but later, her husband and her parents-in-law began subjecting her to ill treatment, neglect and cruelty for non-fulfilment of their persistent demand for articles by way of dowry. The dispute was referred to the panchayat for settlement pursuant to which, the husband who had earlier refused to take the respondent wife back to his house from her parents' house, had agreed to bring her back whereafter she was taken to her matrimonial house where she lived with her husband sharing conjugal life with him and during this period, she also conceived from her husband. However, the demand for dowry and articles by her husband and in-laws continued to persist and she used to be subjected to cruelty, which even extended to attempts made on her life by her husband and in-laws on a few occasions. She has further alleged that when the matter became unbearable and sensing danger to her life, she informed her parents whereafter she was taken by her father to his house and it was under such compulsive circumstances and for such reasons that the respondent has not been able to muster courage to resume conjugal relations with her husband on whom she has no more trust and confidence. On the basis of the rival pleadings, the learned Court below framed the following issues for determination :

(3.) ASSAILING the impugned judgment of the Court below, Mr. Jay Prakash, Advocate appearing for the appellant has raised the following grounds :