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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
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 the plaintiff/ appellant, has been dismissed on contest.
Factual Matrix
2. The brief facts of the case is that the marriage of plaintiff was solemnized with defendant on 03.07.1997 before Marriage officer, Lohardaga. After marriage, she went to her matrimonial house and due to their wedlock two female children were born.
3. After birth of two daughters, behaviour of O.P. and her mother-in-law was changed and they started torturing mentally and physically to plaintiff. After that one son and one daughter were also born.
4. Thereafter, the defendant and his mother started demanding Rs.5,00,000/-. When said demand was not fulfilled the defendant and her mother in-law stopped talking with family members of plaintiff. They also told that we will solemnize marriage of defendant with other and
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for restitution of conjugal rights, the burden of proof is on the petitioner to establish that the other spouse has withdrawn from the conjugal society without any reasonable cause.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 ....
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....
The main legal point established in the judgment is that in a matrimonial dispute, the party claiming restitution of conjugal rights must prove that the other party left without reasonable cause, and....
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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