Research › Search › Judgment

Jharkhand High Court · body

2015 DIGILAW 196 (JHR)

Moushmi Sen (Dutta) v. Nilanjan Sen

2015-02-06

D.N.PATEL, PRAMATH PATNAIK

body2015
Judgment : Per Pramath Patnaik, J.: The aforesaid appeal has been preferred against the judgment dated 18.11.2005 and decree dated 25.11.2005 passed by learned Principal Judge, Family Court, Jamshedpur in Matrimonial Suit No. 166 of 2004, wherein the learned Principal Judge, Family Court, Jamshedpur has been pleased to direct the respondent-wife (appellant herein) for resumption of conjugal life with her husband-respondent herein within three months from the date of passing of the order. 2. The facts leading to filing of the aforesaid Matrimonial Suit is that the respondent-husband got married with the present appellant-wife on 12.05.2001, according to Hindu rites and customs, at Sukchar Park, 24 Pargannas (North), West Bengal and the said marriage was also registered under the Hindu Marriage Act, 1955. After solemnization of the marriage, they led happy conjugal life. Thereafter, in due course of time, the appellant-wife became pregnant and she was allowed to go to her parents' house at Sukchar and out of the wedlock a male child was born on 09.05.2002 at Nursing Home at Sodhpur. After the birth of the male child, the respondent-husband visited the in-laws house at Sukchar to see the newly born child. The appellant-wife, on repeated request, reluctantly came to Jamshedpur with the newly born child on 29.04.2003. But after coming to in-laws house, the appellant-wife insisted the respondent-husband to stay separately, but, the respondent-husband did not accede to her request. Thereafter, the father of the appellant-wife came to Jamshedpur on 15.05.2003 and took away the appellant-wife with him, against the consent and desire of the respondent-husband. The respondent-husband became very anguished due to such kind of attitude of the appellant-wife. The respondent-husband tried his best to convince the appellant-wife to come to Jamshedpur, but, she became very adamant and obstinate and conduct of the appellant-wife was very unbecoming of a daughter-in-law and she has deliberately withdrawn herself from the society of the respondent-husband without any reasonable cause. Being left with no alternative, the respondent-husband filed the suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955. 3. In the aforesaid Matrimonial Suit, although the appellant-wife appeared on 19.10.2004, but, thereafter the appellant-wife absented herself regularly and the matter was fixed for ex-parte hearing against the appellant-wife. 4. Being left with no alternative, the respondent-husband filed the suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955. 3. In the aforesaid Matrimonial Suit, although the appellant-wife appeared on 19.10.2004, but, thereafter the appellant-wife absented herself regularly and the matter was fixed for ex-parte hearing against the appellant-wife. 4. On behalf of the respondent-husband, statement under Order XXVIII Rule 4 of the Code of Civil Procedure, in the form of affidavit, was filed as A.W. 1 and A.W. 2 but the evidences of A.W. 1 and A.W. 2 has remained unchallenged, uncontroverted and unrebutted. 5. The learned Family Court, after going through the records and the evidences led on behalf of respondent-husband, awarded decree for restitution of conjugal rights in favour of the respondent-husband. 6. After hearing learned counsel for the appellant-wife as well as learned counsel for the respondent-husband and having gone through the records, we are of the view that the learned Family Court has rightly passed the decree for resumption of conjugal rights. 7. In view of the aforesaid facts and circumstances, this First Appeal is, hereby, dismissed. We are in full agreement with the judgment and order dated 18.11.2005 delivered by the Principal Judge, Family Court, Jamshedpur in Matrimonial Suit No. 166 of 2004. If any, divorce application has been preferred by this original applicant (husband), the same will be decided by the Principal Judge, Family Court, Jamshedpur on its own merit and on the basis of the evidence on record. Appeal dismissed.