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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Jitendra Azad, son of late Mahabir Prasad Shaw – Appellant
Versus
Meena Gupta, wife of Jitendra Azad, Daughter of late Hari Prasad – Respondent
JUDGMENT :
1. The instant appeal under Section 19(1) of the Family Court Act, 1984is directed against the judgment and decree dated 16.06.2023 [decree signed on 29.06.2023] passed by the learned Principal Judge, Family Court, Pakur in Original Suit No.79 of 2022, whereby and whereunder, the suit for restitution of conjugal right under Section 9 of the Hindu Marriage Act, 1955by the plaintiff/ appellant, has been dismissed on contest.
Factual Matrix
2. The brief facts of the case as pleaded in the plaint having been recorded by the learned Family Judge, needs to be referred herein as::
(i) The marriage of the appellant/petitioner with the respondent wife was solemnized at Vindhwashini Temple at Barharwa on 12.03.2018 as per Hindu rites and customs. At the time of marriage, the defendant was doing private service as a teacher in Barharwa Saraswati Sishu Mandir and used to reside with her elder sister and family members as the mother and father of the defendant were dead. The plaintiff was in service as Medical Staff at Sahibganj Sadar Hospital on daily wages at the time of marriage and till now he is working on daily wages at Sahibganj Sadar Hospital. After the marriage, the defendant ca
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.
Restitution decree under Section 9 HMA denied as wife failed to prove husband's withdrawal without reasonable excuse; acquittal in cruelty case and unreliable evidence establish justification.
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....
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for restitution of conjugal rights, the burden of proof is on the petitioner to establish that the other spouse has withdrawn from the conjugal society without any reasonable cause.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....
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 ....
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.
(1) Decision in a suit for restitution of conjugal rights does not entirely depend upon right of husband.(2) Restitution in favour of husband if, on evidence, it feels that circumstances are such tha....
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 ....
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