MAYANK GIRI Vs. DIVYA GIRI @ DIVYA CHOWDHRY

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is directed against the judgment dated 23.01.2014 and decree passed by Court of learned Principal Judge, Family Court, Ranchi in M.T.S. No. 80 of 2008 whereby and whereunder the suit for restitution of conjugal rights filed by the appellant ( husband) has been dismissed and counter claim of the respondent ( wife) to declare marriage null & void has been allowed.

(3.) The facts of the case as placed by the petitioner-husband are that the marriage of the parties was solemnized on 109.2007 at Thave Durga Mandir, Gopalganj, Bihar. The marriage was consummated and the respondent became pregnant of six months. The respondent was released by the order of the Chief Judicial Magistrate, Ranchi, on 19.02.2007 in Kotwali P.S. Case No. 597 of 2007, G.R. Case No. 3178 of 2007 and she was handed over to her parents and thereafter the appellant was granted Anticipatory Bail by the Hon'ble High Court of Jharkhand at Ranchi in A.B.A. No. 201 of 2008. The appellant had apprehension that the pregnancy may be aborted by the parents of his wife and the life of his wife may be put on peril. As such, the appellant wanted to take custody of his wife/respondent Divya Giri. But the parents of the respondent were not allowing her to go to the appellant. The respondent had made her statement under section 164 Cr.P.C. before Judicial Magistrate, Ranchi.