JAIPRAKASH Vs. NEHA

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 08.12.2017 passed by the Principal Judge Family Court, Jabalpur in Civil Suit No. 245A/2016, the appellant-husband has filed this appeal under Section 19 of the Family Courts Act, 1984 seeking restitution of conjugal rights.

(2.) It is not in dispute that the appellant and respondent are husband and wife. Their marriage was solemnised on 05.06.2009, however they are living separately from the year 2012-2013. They have a daughter named Gunjan @ Garima aged about 3 years.

(3.) The case of the appellant-husband is that, he lived harmoniously with his wife for about six months after their marriage. Thereafter, on several occasions the respondent-wife went to her maternal house. She lived there for long span of time and returned to her matrimonial house with reluctance. She is a degree holder in Master of Business Administration and used to misbehave with the appellant and his parents. After quarreling with them, she left her matrimonial house and started residing with her parents. After sometime, she gave birth to a daughter. When the appellant went there, she neither met him nor allowed him to meet his daughter. She also refused to return to her matrimonial house. Thereafter, she was willing to reside with the appellant subject to certain conditions which were fulfilled by the appellant. Even then, later she refused to live with him. Thus, a petition under Section 9 of the Hindu Marriage Act has been filed by him before the Family Court, Jabalpur for restitution of conjugal rights.