A decree for restitution of conjugal rights cannot be granted without objective consideration of evidence regarding 'reasonable excuse' for withdrawal. Where a spouse alleges cruelty or unbearable conduct, the court must adjudicate based on the material on record rather than subjective sentiment or hopes of future reconciliation.

JUDGMENT :

Sujit Narayan Prasad, J.

Prayer:

1. The instant appeal has been filed under Section 19(1) of the Family Courts Act, 1984 is directed against the order/judgment dated 28.04.2023 and decree dated 10.05.2023 passed by the learned Principal Judge, Family Court, Bokaro in connection with Original Suit No. 572 of 2021, whereby and whereunder, the petition filed by the respondent-husband, under Section 9 of the Hindu Marriage Act, 1955 against the appellant-wife for restitution of conjugal rights, has been allowed.

Factual Matrix:

2. The brief facts of the case, as per the impugned judgment and memo of appeal are referred herein which reads as under:

The marriage between appellant-wife and respondent-husband was solemnized on 02.12.2016 at Budh Vihar, Bokaro according to Hindu rites and customs.

The husband is a government employee and the appellant is a housewife. On 10.03.2019 both were blessed with a female child while both were residing at Delhi.

On account of both mental and physical torture at the hands of her husband and in-laws, refusal by the husband to cohabit, repeated pressure and regular assault by the respondent for non-fulfilment of unlawful demand of Rs. 15 Lakhs by the family members of the wife, the appellant wife visualizing threat to her life and left the matrimonial home on 14.10.2021 and reached her parents place at Nalanda, Bihar.

The wife thereafter got a case registered on 01.12.2021 at Harnaut vide Harnaut P.S. Case No. 571/2021 under Section 498(A)/34 IPC and 3/4 of Dowry Prohibition Act against her husband and in-laws.

Further, on 17.10.2021, the appellant has also approached before the concerned Mahila P.S., Biharsharif and subsequently being summoned by Mahila P.S., Naland, the respondent and in-laws appeared there on 01.11.2021, 05.11.2021 and 25.11.2021 and tried to justify their conduct by submitting that they want to restitute the conjugal life and shall keep the appellant with dignity.

The appellant after being compelled to leave the matrimonial home, the respondent through his mother, filed an informatory petition vide Misc. Criminal Application No. 2446 of 2021 before C.J.M., Bokaro and further, after gaining information about the criminal case against them, instituted a suit on 27.11.2021 before Principal Judge, Family Court, Bokaro vide Original Suit No. 572 of 2021 under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights.

3. The learned Family Judge has called upon the appellant-wife. The wife has filed written statement wherein it has been stated that save and except what are expressly admitted in the written statement all the allegations levelled against her are vehemently denied.

4. The Learned Family Court based upon the pleading made by the parties had framed altogether five issues for its determination/adjudication which are as follows:

(i) Is this suit maintainable in its present form?

(ii)Whether the petitioner has valid cause of action for the suit?

(iii) Whether the petitioner has been able to prove that the respondent has withdrawn herself from the society of the petitioner without