ARTI PANDEY Vs. VISHNU KANT TIWARI

JUDGEMENT

(1.) This is an appeal under Section 19 of the Family Courts Act 1984 at the instance of wife against the judgment and decree dated July 2011 passed by the Principal Judge, Family Court, Allahabad in Matrimonial Petition No. 688 of 2005, decreeing the petition filed by the husband for divorce. Smt. Arti Pandey, the appellant, daughter of a District Bank Co-operative Officer, having urban background, resident of Allahabad city got married to Vishnu Kant Tiwari, the respondent, resident of a Village of Allahabad District of rural back ground, a student at the time of marriage, on 14.5.1997. The parties are Brahmin by caste. The father of the husband mostly resides at Kolkata in connection with his business, leaving his wife (mother in law of the appellant) and son respondent to reside in the Village, and used to visit once or twice in a year.

(2.) As per custom prevalent in the community, the wife remained in her parental house after the marriage and after about five years on 9.3.2002, 'gouna' ceremony was performed (second marriage) and then she visited to her matrimonial house in the Village where she lived happily for 15 to 20 days. Thereafter, she went to her parents' house. The husband says that the parents of the wife wanted that the husband should reside with them at City Allahabad and that is the reason they used to create all sorts of obstructions and hurdles on the occasion of 'Bidai' of the wife to her matrimonial home.

(3.) The husband had earlier filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights on 27.9.2002 being petition No. 519 of 2002, against his wife and her parents. After getting the information of the said petition, the parents of the wife acceded to his request and the parties compromised the dispute. The wife visited her matrimonial home in the month of 2003, consequently, the said petition was got dismissed in default on 21.5.2003.