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2022 Supreme(Jhk) 535

SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Swami Nath Tiwari, S/o-Sri Umashankar Tiwari – Appellant
Versus
Abha Rani, w/o-Dr. Swami Nath Tiwari, d/o-Sri Madan Mohan Dwivedi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mukesh Kumar, Advocate
For the Respondent:Mr. Naveen Kumar Jaiswal, Advocate

JUDGMENT

Shree Chandrashekhar, J.

The husband is aggrieved of the judgment dated 22nd February 2017 passed in Title Matrimonial Suit No. 230 of 2013 and the decree dated 28th February 2017 prepared thereon – suit for restitution of conjugal rights filed by the wife has been decreed.

2. Title Matrimonial Suit No. 230 of 2013 was instituted by the wife on the ground that her husband had withdrawn himself from her society without any reasonable cause or excuse. Their marriage was solemnized on 17th April 2000 at Sector-III/B, Quarter No. 299, B.S. City, Bokaro and after the marriage she lived in her matrimonial home for some time. At the time of the marriage, she was a medical student and at the instance of her husband she went to Kazakhstan (Russia) for study. As per the plaint averments, she was not extended proper respect and honor by her husband and in-laws and whenever she visited her matrimonial home the family members of her husband abused, tortured and embarrassed her in various manners for their unlawful demand of dowry. In the circumstances, she was constrained to lodge a First Information Report under section 498A of the Indian Penal Code and section 3/4 of the Dowry Prohibiti

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