PATNA, India, July 2 -- Patna High Court issued the following judgment on June 30:

Heard the parties.

2. The present appeal has been filed under Section 19(1) of the Family Court Act, 1984 impugning the judgment dated 14.07.2022 passed by learned Principal Judge, Family Court, Rohtas in Matrimonial Case No. 236 of 2018 filed under Section 281 of the Muslim Law whereby learned Family Court has rejected the matrimonial suit filed on behalf of the appellant-husband for restitution of conjugal rights with the respondent-wife.

3. The case of the appellant as per petition filed before the Family Court is that the appellant married with the respondent in the year 2010 as per Muslim rites and rituals and out of the wedlock, two male-child were born. The respondent-wife used to go to her parental house and appellant also, sometimes, used to visit his Sasural. Suddenly, on 24.09.2017, the family members of respondent-wife came and they took the respondent-wife with them along with jewellery and other valuable articles. The appellant-husband made all his efforts to take the respondent-wife from her parental house to her matrimonial house, but all his efforts went in vein. Ultimately, the appellant has filed the present Matrimonial Case No. 236 of 2018 for restitution of conjugal rights.

4. In response to the summon/notice issued by the Court, respondent-wife appeared and filed her reply/written statement.

5. In her written statement/reply dated 03.11.2018, the respondent-wife has stated that most of the facts and allegations stated in the aforesaid petition are false and baseless and the case is not maintainable in the eye of law or on the basis of facts. The respondent-wife has stated that she married with the appellant-husband on 13.01.2010. In the marriage, her father spent Rs. 2 lakhs for purchase of articles and also gave Rs. 1.5 lakhs cash as dowry to the appellant-husband. After marriage, the appellant and other in-laws family members started torturing and assaulting the respondent for non-fulfillment of dowry demand of Rs. 2 lakhs. The family members of the respondent-wife also borne all the expenses at the time of delivery of both the children and appellant-husband did not spent a pie on delivery of both the children. Ultimately, a Panchayati was held where the appellant's side agreed to keep the respondent-wife with dignity and honour but again she was subjected to torture for non-fulfillment of dowry demand. The appellant-husband works as Fitter in the State of Chhatisgarh and does not provide any financial support to the respondent-wife or her children. Hence, Complaint Case No. 845 of 2018 was filed by the respondent-wife against the appellant and other family members which is still pending before learned Chief Judicial Magistrate, Aurangabad.

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