Decided on January 31,2017

NITIN Appellant
REKHA Respondents


MRS.SWAPNA JOSHI, J. - (1.) The appellanthusband has preferred the present Appeal under section 19 of the Family Court's Act,1984 read with Section 28 of the Hindu Marriage Act 1955, being aggrieved by the judgment and order dated 1.4.2015 passed by the learned Judge, Family Court No.2, Nagpur, whereby the Petition No.A.10872013 filed by the respondentwife for restitution of conjugal rights, under section 9 of the Hindu Marriage Act has been allowed.
(2.) The brief facts giving rise to the Family Court Appeal are as under The respondent was married with one Rajesh Balkrishna Deshpande in the year 1998. She has begotten two children out of the said wedlock. There was a divorce between respondent and Rajesh Deshpande on 23.8.2007. However, in the interest of children, both of them continued to stay together in the same flat situated at Gopalnagar. In the year 2011, the respondent joined Manjusha Convent, situated at Dharampeth, Nagpur, as a part-time teacher. In the same building, on the ground floor, the appellant was running a Tent house (Bicchayat Kendra). It would not be out of place to mention here that appellant is from Marwari community, whereas the respondent is Maharashtrian Brahmin. The respondent came in contact with the appellant. There was love affair between them which continued for about 6 to 7 months, inasmuch as they exchanged text messages and met each other very often. The appellant got married with respondent on 16.4.2012 by putting a Mangalsutra and applying vermillion on parting of hair, before the idol of Lord Krishna, on 3rd floor of Jagat Apartment, Ravinagar, Nagpur. Physical relations were established between the appellant and respondent since then. The appellant had sexual relations with the respondent on many occasions on the third floor as well as sixth floor of Jagat Apartment where the parents of appellant used to reside. The parents of appellant were oblivious about the said relationship between the appellant and respondent. At the relevant time, they used to stay sometimes at Hyderabad with their daughter and some time at Dubai with their son. Parents of the appellant opposed the marriage between appellant and respondent. They alleged that there was no marriage between appellant and respondent. In due course, they arranged a marriage of appellant in their own community, with a girl residing at Raipur {Chhatisgarh}. The engagement ceremony of the appellant was performed with that girl on 4.8.2013.
(3.) The respondent lodged a complaint against the appellant at Ambazari Police Station alleging offence of rape and cheating. It is the allegation of the respondent that the appellant has committed rape on her, on the allurement and promise of marriage. The respondent lodged a complaint with the police on 11.9.2013. The respondent lodged a complaint with the Human Rights Commission also. As the appellant started avoiding the respondent and did not keep his promise to marry respondent before the society, she filed a petition for restitution of conjugal rights, under Section 9 of the Hindu Marriage Act.;

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