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.

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 came to live at her law’s house in the company of the plaintiff and other family members of the plaintiff. All the brothers of the plaintiff were separate in mess and business and this plaintiff along with his elder brother Birendra Kumar lives in a joint house as the said house has not been partitioned among the legal heirs of late Mahabir Prasad Shaw. The defendant lived in the company of the plaintiff for two to three days for the first time and thereafter went o Barharwa to join the service and for the same the plaintiff did not object and thereafter she used to live with her elder sister and family members after marriage as she was doing work of teacher at Barharwa and the defendant came two or three times after the marriage and stayed there.

(ii) By her last visit, the defendant without informing the plaintiff left his house taking all the ornaments and other things and started putting pressure upon the plaintiff to live as “Ghar Jamai” to which he flatly refused and thereafter the defendant stopped making telephonic call and plaintiff later on came to know that the defendant has been appointed as Assistant Teacher in +2 Raj High School, Pakur but she did not inform the same to the plaintiff.

(iii) Further case of the plaintiff is that Tilak Ceremony of son of the elder brother of the plaintiff was to be held on 25.6.2021 which was informed to the defendant but she showed her inability to attend the same. Thereafter, on 28.6.2021 plaintiff went to Pakur to meet the defendant and to convince her to attend the marriage which was to be held on 01.07.2021 but she flatly refused the same. The plaintiff later on came to know that the defendant had earlier performed marriage with someone but without taking divorce from him she had performed second marriage and had suppressed the facts. In spite of first marriage of the defendant the plaintiff was ready to keep her with full dignity.

(iv) Further case of the plaintiff is that the defendant therea