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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
| Table of Content |
|---|
| 1. petition for restitution of conjugal rights filed. (Para 1 , 2) |
| 2. issues framed by the family court. (Para 3 , 4 , 5) |
| 3. arguments presented by the appellant. (Para 6 , 7) |
| 4. respondent's defense against allegations. (Para 8) |
| 5. court hearing and evidence evaluation. (Para 10 , 11) |
| 6. explanation of judicial terms and principles. (Para 12 , 13 , 14 , 15) |
| 7. definition and scope of conjugal rights. (Para 16 , 17 , 18) |
| 8. legal precedents and legislative intent. (Para 19 , 20 , 21 , 22) |
| 9. factual determination of the case. (Para 23 , 24 , 25 , 26 , 27) |
| 10. discussion on mutual obligations in marriage. (Para 28 , 29 , 30 , 31 , 32) |
| 11. reasonableness in marital expectations. (Para 33 , 34) |
| 12. no interference with the lower court's finding. (Para 35 , 36) |
| 13. final order and dismissal of appeal. (Para 37 , 38) |
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,
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for restitution of conjugal rights, the burden of proof is on the petitioner to establish that the other spouse has withdrawn from the conjugal society without any reasonable cause.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.
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