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BHASKAR BHATTACHARYA, PRASENJIT MANDAL
Naba Kumar Katari – Appellant
Versus
Kalyani Katari – Respondent
Bhaskar Bhattacharya, A.C.J. — This first appeal is at the instance of a husband in a proceeding under Section 9 of the Hindu Marriage Act and is directed against the judgment and decree dated 19th October, 2006 passed by the learned Additional District Judge, Arambagh, District Hooghly, in Matrimonial Suit No.72 of 2005, thereby dismissing the proceeding for restitution of conjugal rights.
2. Being dissatisfied,’ the husband has come up with the present appeal.
3. There is no dispute that the parties were married on 5th July, 1987 according to Hindu rites and ceremonies and in the said wedlock, two children were born. The husband, at present, is employed in Border Security Force and is posted at Amritsar in the State of Punjab.
4. After the marriage, the parties lived together as husband and wife in the joint family of the husband, but in view of disputes between the wife and her in-laws, in absence of the husband, the wife left the said joint family of her husband and went back to her father’s house on 5th August, 1988.
5. At that point of time, according to the husband, he was posted in West Bengal and due to pressure given by the wife, he paid a sum of Rs.1,60,000 in ca
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