IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT &

HON'BLE SMT. JUSTICE ANURADHA SHUKLA

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ON THE 25 OF SEPTEMBER, 2025 FIRST APPEAL No. 781 of 2016 SMT. SWATI SEN Versus VIVEK SEN Appearance:

Ms. Malti Dadariya - Advocate for the appellant.

Shri Sanjiv Kumar Mishra - Advocate for the respondent.

JUDGEMENT Per: Justice Vishal Dhagat Appellant has preferred this appeal under Section 19(1) of Family Courts Act read with Section 28 of Hindu Marriage Act, 1955 challenging judgment and decree dated 27.11.2014 passed in Civil Suit No. 37-A/2014. By said judgment and decree, suit filed by respondent was decreed and restitution of conjugal rights was ordered.

2. Counsel appearing for appellant submitted that appellant was married with respondent on 21.05.2011 according to Hindu rites and rituals. Respondent subjected appellant to cruelty and demanded dowry from her. She was mentally tortured therefore, she decided to live separately. Respondent with malafide intention had filed petition under Section 9 of Hindu Marriage Act, 1955 before Family Court, Shahdol to frustrate application filed by appellant under Section 125 of Cr.P.C. Respondent made no attemp