RANCHI, India, Aug. 19 -- Jharkhand High Court issued the following order on July 21:
1. The instant appeal under Section 19(1) of the Family Courts Act, 1984 is directed against the order/judgment dated 31.05.2023 (decree signed on 05.06.2023) passed by the learned Principal Judge, Family Court, Pakur in Original Suit No. 154 of 2022, whereby and whereunder, the petition filed by the plaintiff/appellant-husband under Section 9 of the Hindu Marriage Act, 1955 (herein referred as Act of 1955) for restitution of conjugal right against the defendant/respondent-wife, has been dismissed.
2. The brief facts of the case leading to filing of the restitution petition by the appellant-husband, needs to be referred herein as under: The defendant is legally wedded wife of the plaintiff (appellant herein) and their marriage was solemnized on 6 March, 2018 according to the customs and rituals of Hindu marriage and only for month or two she lived at the house of the plaintiff peacefully thereafter without assigning any reason, she has left the house of the plaintiff, even without giving any information to them Naturally being the husband he looked for her in the vicinity but did not find her, then went to his in-laws house and found her there and then brought her back to their house. After this incident several times the defendant fled away from the house of the plaintiff and each and every time she was brought back by the plaintiff. Even she used to leave the house of her parents and fled away somewhere The further case of the plaintiff is that when so ever the plaintiff asked his in-laws of her repeated habit of leaving their house without any cause the parents of the defendants always said "She in lunatic you may say an idoit please adjust" and being a matured person the plaintiff could understand their problem and always took her to his house but she never changed her habit and to put pressure on her an agreement paper was executed between them on 23.07.2021 in presence so many persons including her parents and then brought her to his house. Thereafter she lived peacefully for four to five months and then again fled away in the month of December, 2021 and since then she is living at her parental house. The further case of the plaintiff is that as their marriage is still subsisting hence being husband he again went to brought her back on 01.12.2022, when she has flatly refused to come back to her in-laws house and to lead a peaceful conjugal life with the plaintiff and on the next day i.e. on 02.12.2022 the plaintiff in writing informed the matter to Hiranpur P.S but they advised him to go to court and the cause of action arose from 01.12.2022 and the defendant (respondent herein) being a married wife of the plaintiff is bound to honour the duties of married couple with the plaintiff including co-habitation and it is the right of the plaintiff, which has been snatched by the defendant intentionally and the plaintiff deserves to get the followings
I). A direction to the defendant to lead a peaceful conjugal life with the plaintiff.
II). A decree in this regard in favour of the plaintiff.
III). Any other relief or reliefs as deemed fit by Court.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpKmTDvBBMvaaWhVLYoS%2F48N3KeIGv21DGl68U%2FjBWM3k&caseno=FA/145/2023&cCode=1&cino=JHHC010224252023&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
