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-treatment and safety concerns.

JUDGMENT :

Prayer

1. The instant appeal under Section 19(1) of the Family Courts Act, 1984is directed against the order/judgment dated 05.11.2024 and decree dated 16.11.2024 passed by the learned Principal Judge, Family Court, Ranchi in Original Suit No. 18 of 2022, whereby and whereunder, the Suit filed by the appellant under Section 22 of the Special Marriage Act, 1954, has been dismissed.

Factual Matrix

2. The brief facts of the case, leading to filing of the petition filed under Section 22 of the Special Marriage Act, 1954, by the petitioner/appellant,needs to be referred herein which are as under:

3. The petitioner's [the appellant herein] case, in brief, is that marriage between the parties was solemnized on 14.08.2014 before the Marriage Officer, Lohardaga. After their marriage the respondent went to her matrimonial home situated at village Kisco for sometimes. The respondent on the pretext of her studies came back to Ranchi for her study and started living in hostel. The petitioner borne all her educational, fooding and lodging expenses.

4. The respondent completed her B.Ed and was appointed as Teacher in Government High School situated at Harhaji, Bero. It is stated that after getting job the respondent started living at her parental home but due to differences with her brother she shifted to a rented house. It is further stated that after getting job, behaviour of respondent changed drastically and she started ignoring the petitioner and taunted the petitioner that he is simply a cook in Police Headquarter and she is a teacher, so, she cannot live with him.

5. It is also stated that the first wife of the petitioner Fekan Devi died leaving behind a son Karam Chandra Oraon, who is aged about 25 years. The petitioner tried to convince the respondent over phone but she blocked the mobile numbers of the petitioner. Thereafter, he went to the house of the respondent several times and persuaded her to come with him and lead conjugal life with him but she did not agree.

6. On 4.11.2021 the petitioner along with his brother went to the house of respondent for "Bedai" but the respondent pick up brick in her hand, threatened to kill and refused to come and reside with the petitioner. The respondent is posted as Teacher in Harhaji Madhya Vidyalay, Bero, Ranchi since 2019. The petitioner is posted in Police Line Head Quarter Ranchi since 2018. The petitioner is ready and willing to keep his wife. Therefore, a suit has been filed seeking decree of restitution of conjugal right in favour of petitioner.

7. The learned Family Judge has issued notice upon the respondent-wife, who appeared and filed written statement admitting the factum of marriage with the petitioner-appellant. Thereafter, altogether six issues have been framed by the learned Family Judge which are as follows:

(i) Whether the present suit is maintainable in its present form?

(ii) Whether the petitioner has valid cause of action to file the present suit?

(iii) Whether the respondent is the legally wedded wife of the petitioner?

(iv) Whether the respondent-wife without any reasonable excuse withdrew herself from the society and company of the petitioner-husband?

(v) Whether the petitioner is entitled to get decree of restitution of conjugal right?

(vi) Whether the petitioner is entitled to get any other equitable relief or reliefs as prayed for?

8. The evidences have been laid