IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Appellate Jurisdiction)

First Appeal No. 135 of 2017

[Against the judgment dated 22^nd February 2017 and the decree dated 28^th

February 2017 passed by the learned Principal Judge, Family Court, Bokaro in

Title Matrimonial Suit No. 230 of 2013]

Dr. Swami Nath Tiwari, s/o-Sri Umashankar Tiwari, r/o-Qr. No.

1075, Sector-6/C, PO&PS-Sector-IV, B.S. City, District-Bokaro

(Jharkhand)

… Appellant

Versus

Dr. Abha Rani, w/o-Dr. Swami Nath Tiwari, d/o-Sri Madan Mohan

Dwivedi, r/o-Sector-III/B, Qr. No. 299, B.S. City, PO&PS-B.S. City,

District-Bokaro (Jharkhand)

…. Respondent

(Heard through V.C on 27^th January 2022)

PRESENT

HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR

HON’BLE MR. JUSTICE RATNAKER BHENGRA

For the Appellant

: Mr. Mukesh Kumar, Advocate

For the Respondent

: Mr. Naveen Kumar Jaiswal, Advocate

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JUDGMENT

C.A.V on 27/01/2022

Pronounced on 01/02/2022

Per, Shree Chandrashekhar, J

.

The husband is aggrieved of the judgment dated

22^nd February 2017 passed in Title Matrimonial Suit No. 230 of

2013 and the decree dated 28^th February 2017 prepared thereon –

suit for restitution of conjugal rights filed by the wife has been

decreed.

2.

Title Matrimonial Suit No. 230 of 2013 was instituted by

the wife on the ground that her husband had withdrawn himself

from her society without any reasonable cause or excuse. Their

marriage was solemnized on 17^th April 2000 at Sector-III/B, Quarter

No. 299, B.S. City, Bokaro and after the marriage she lived in her

matrimonial home for some time. At the time of the marriage, she

was a medical student and at the instance of her husband she went

to Kazakhstan (Russia) for study. As per the plaint averments, she

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First

Appeal No. 135 of 2017

was not extended proper respect and honor by her husband and

in-laws and whenever she visited her matrimonial home the family

members of her husband abused, tortured and embarrassed her in

various manners for their unlawful demand of dowry. In the

circumstances, she was constrained to lodge a First Information

Report under section 498A of the Indian Penal Code and

section 3/4 of the Dowry Prohibition Act against her husband and

his family members vide Harla PS Case No. 31 of 2007 dated

20^th February 2007. Her husband instituted Title Matrimonial Suit

No. 12 of 2008 seeking divorce and it was dismissed on 09^th May

2013. She further asserted that during trial of the criminal case she

always tried for amicable settlement of the matter but her husband

did not agree to keep her in his society.

3.

In paragraph no. 2(c) of the plaint, the wife has averred

as under:

“2(c) That, the petitioner has never deserted the respondent

rather she has been doing every effort for the restoration of

conjugal life and to lead a happy life with the respondent but

the respondent did not take any response rather he filed

divorce petition on fake and false ground. The petitioner has

never withdrawn herself from the society of the respondent

as alleged. Both parties were constantly in touch with each

other during the stay of the petitioner in Russia where she

was completing her Medical Course. Sooner after her return

from Russia in the month of July 2002 the petitioner went to

live at her matrimonial house at Sector-8/C, Bokaro and in

this duration the respondent used to come at Bokaro and

they lived together as husband and wife. It is further

submitted that when the respondent went for his private

practice and D.N.B Course to Pune in the month of Feb. 2004

she also went there to live with her husband.”

4.

The written statement filed on behalf of the husband

questioned maintainability of the suit; the suit being barred by

limitation and that no cause of action had arisen for instituting the

suit. The husband admi