SUKHRAM Vs. OM SRI VERMA

JUDGEMENT

(1.) Approach to this Court by the appellant who happens to be the plaintiff of Suit no. 268/2010 Sukhram V. Smt. Om Sri Verma wherein he has invoked the jurisdiction of the learned family Court, Roorkee District Haridwar by invoking Section 9 of the Hindu Marriage Act, seeking a restitution of conjugal rights which according to his plaint allegations as he was deprived of wife's company due to a voluntary act of wife of withdrawing herself from the company of the husband. The said withdrawal of the wife from the company of husband, according to the husband is a desertion in the eyes of law, which ought to have been attached with a genuine reason which was missing in the instant case.

(2.) Brief facts leading to the stage at which the dispute has reached i.e. by way of instant appeal arises out of the marriage which was solemnized between the appellant and the respondent on 17.06.2009 at Kanpur. As per the husband the marriage between them was solemnized at Govind Nagar, Kanpur. At the time of marriage, the husband was in the Instrumentation Department, IIT, Roorkee, District Haridwar, where he was employed even prior to the marriage. After having learnt about the husband being employed in IIT Roorkee, the family members of the respondent came to Roorkee and respondent No. 1 wanted to get the marriage settled and at the time of settlement of marriage, it was informed that the wife was an educated lady and she was working in a Junior High School, Samshahbad, District Farrukhabad, Uttar Pradesh which happens to be about only a distance of 400 k.m. from Roorkee (800 km. up and down).

(3.) According to the husband, the marriage between them was solemnized through newspaper classification. According to the husband, he expressed that the settlement of the marriage between them was practically not possible looking to the fact that the wife was working at a considerable long distance. On which according to the husband an assurance was extended by the family members of the wife that they would be getting the wife transferred to place in or around a place near Roorkee. As a result after the marriage, the wife was transferred to District Saharanpur in its adjoining township of Chutmalpur in July 2009.