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SUJIT NARAYAN PRASAD, RAJESH KUMAR
Akil Alam – Appellant
Versus
Tumpa Chakravarty – Respondent
ORDER
The instant appeal has been filed on behalf of the appellant under Section 19(i) of the Family Courts Act, 1984 against the judgmentdated 28.11.2023 [decree signed on 11.12.2023] passed by the learned Principal Judge, Family Court, Deogharin Original Suit No.137 of 2021, whereby and whereunder, the Suit for restitution of conjugal right filed by the petitioner husband (appellant herein) under section 22 of the Special Marriage Act 1954 has been dismissed.
2. The brief facts of the case are referred herein as under:
The case of petitioner/appellant is that the respondent is the legally wedded wife of the petitioner and their marriage was solemnized on 04.08.2015. After marriage, both the petitioner and respondent had been living together as husband and wife at Amarpur. After some days of marriage, the respondent came to her parental house on 10.10.2015, without any reasonable excuse and she has left society of the petitioner. The petitioner requested the respondent to lead conjugal rights on several occasions but the respondent always refused to accompany with the petitioner and she had stated to the petitioner to leave his profession and settle at the Deoghar, as Gharjamai.
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 ....
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....
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.
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....
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.
(1) Decision in a suit for restitution of conjugal rights does not entirely depend upon right of husband.(2) Restitution in favour of husband if, on evidence, it feels that circumstances are such tha....
Divorce – within one year of marriage – Not entitled for - no restitution of conjugal rights even after the divorce passed against the husband and therefore, he is not entitled to the relief of divor....
Desertion requires intentional abandonment without consent and reasonable cause; the court found desertion established while cruelty was not proven.
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.
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