Back
P. B. BAJANTHRI, ALOK KUMAR PANDEY
Mukesh Kumar Sah S/o Late Baigu Sah – Appellant
Versus
Nitu Devi W/o Mukesh Kumar Sah – Respondent
JUDGMENT :
Alok Kumar Pandey, J.
Re:- I.A. No. 01 of 2019
I.A. No. 01 of 2019 has been filed for condonation of delay of about 43 days. For the reasons stated in application read with the affidavit delay of about 43 days in filing M.A. No. 454 of 2019 stands condoned.
2. Accordingly, I.A. No. 01 of 2019 stands allowed.
3. With the consent of the respective counsels M.A. No. 454 of 2019 is taken up for final disposal.
4. The present appeal has been directed against the impugned judgment dated 22.05.2018 passed in Restitution Case No. 225 of 2012 whereby and whereunder petition filed by the appellant for restitution of conjugal right has been dismissed by the Principal Judge, Family Court, Vaishali at Hajipur.
5. Briefly stated fact of the appellant’s case is that after marriage respondent came to her sasural and began to live and after staying few days in sasural, respondent went to her father’s house without the consent of the appellant and his family members. It is averred in the petition that during the course of living in sasural, respondent did not live as wife and despite being best effort, respondent was not ready to lead conjugal life. It is alleged that respondent always demanded
The court affirmed the Family Court's dismissal of the restitution petition, ruling that the respondent had reasonable cause to withdraw from the appellant, emphasizing the necessity of pleadings in ....
The burden of proof in restitution of conjugal rights lies with the withdrawing spouse to show reasonable cause for separation; the court affirms joint responsibility in marriage.
In a suit for restitution of conjugal rights, the burden of proof is on the petitioner to establish that the other spouse has withdrawn from the conjugal society without any reasonable cause. The res....
The right to restitution of conjugal rights under the Special Marriage Act is contingent upon proving a spouse's withdrawal from marital society without reasonable cause, weighing the evidence of ill....
Restitution of conjugal rights can be granted if one spouse withdraws from the other's society without reasonable excuse; allegations of desertion must be substantiated with evidence.
The court affirmed divorce on grounds of desertion, while addressing the procedural necessities for the award of permanent alimony, concluding that conduct does not entirely negate entitlement.
Restitution of conjugal rights – Remedy of restitution of conjugal rights is a positive remedy that requires both parties to live together and cohabit – Rights and duties arising out of marriage are ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
