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2021 Supreme(Cal) 96

ARINDAM SINHA, SUVRA GHOSH
Mousami Sarkar – Appellant
Versus
Subhendu Sarkar – Respondent


Advocates Appeared:
Deb Dutta Basu, Advocate, Pampa Dey (Dhabal), Advocate, Sangita Banerjee, Advocate, Tapan Dutta Gupta, Advocate, Parvej Anam, Advocate, Sandip Dinda, Advocate

JUDGMENT

Suvra Ghosh, J. - The appeal is directed against judgment dated 30-03-2016 passed by the Learned Additional District & Sessions Judge, First Court, Tamluk, Purba Medinipur in Matrimonial Suit No. 04 of 2015 and the decree that followed it.

2. The parties were married according to Hindu rites and customs on 23- 11-2012 and the appellant/wife accompanied the respondent to his house. After a few days the appellant created pressure upon the respondent to reside in her house as "Ghar Jamai" and started visiting her parental home frequently. She was always reluctant to return to her matrimonial home. Finally on 27-12-2013 the appellant left for her parental home along with her belongings for good and several attempts by the respondent to bring her back failed. She expressed that she did not intend to lead a conjugal life with her husband. The respondent/husband was, therefore, constrained to file the application under section 9 of the Hindu Marriage Act, 1955, before the learned trial court praying for restitution of conjugal rights.

3. The appellant/wife contested the suit by filing written statement wherein she denied all the material allegations of her husband and submitted th

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