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IN THE HIGH COURT OF JHARKHAND AT RANCHI
NARAYAN PRASAD, ARUN KUMAR RAI
Prabha Devi, wife of Gopal Sahu – Appellant
Versus
Gopal Sahu, son of Late Bital Sahu – Respondent
| Table of Content |
|---|
| 1. wife alleges dowry demands and ousting. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. husband alleges wife's desertion and affair. (Para 11 , 13 , 14 , 15 , 16) |
| 3. counsel argue trial judgment perversity. (Para 17 , 18 , 19 , 20) |
| 4. court summarizes conflicting witness testimonies. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 5. perverse finding ignores evidence or logic. (Para 34) |
| 6. restitution requires withdrawal without reasonable excuse. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43) |
| 7. plaintiff's witnesses unreliable; false cases proven. (Para 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 54) |
| 8. preponderance of probabilities; burden on withdrawer. (Para 55 , 56 , 57) |
| 9. appeal dismissed; lower court judgment upheld. (Para 58 , 59 , 60) |
Judgment :
Sujit Narayan Prasad, J.
Prayer:
1. The instant appeal under Section 19(1) of the Family Court Act, 1984 is directed against the judgment dated 27.08.2022 [decree signed on 31.08.2022] passed by the learned Principal Judge, Family Court, Lohardaga in Original Suit No.36 of 2018, whereby and whereunder, the suit for restitution of conjugal right under Section 9 of the Hindu Marriage Act, 1955 by
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 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.
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for restitution of conjugal rights, the burden of proof is on the petitioner to establish that the other spouse has withdrawn from the conjugal society without any reasonable cause.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....
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 ....
The court held that a husband contracting a second marriage during pending proceedings for restitution of conjugal rights may preclude him from obtaining relief based on evidence of cruelty.
In Muslim law restitution suits, courts refuse decree if husband's proven cruelty or conduct creates life apprehension, making cohabitation inequitable; family court reversal warranted for perverse e....
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