Debojeet Guha v. Smt. Soma Guha

FAM No. 78 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR FAM No. 78 of 2019 • Debojeet Guha S/o Bhola Nath Guha Aged About 34 Years Occupation Service, Office Address Government Sevak Vigyani, Rajya Nyayik Vigyani Prayogshala, Chhattisgarh Raipur, R/o Plot No. 7, (Private), Khasra No. 138/4, Maitri Kunj, Risali (Near The Ahirwad Bhawan) Bhilai, Tahsil And District Durg Chhattisgarh.

---- Petitioner

Versus

• Smt. Soma Guha W/o Debojeet Guha Aged About 29 Years At Present R/o M.I.G. 1/297, Hudco Bhilai, Tahsil And District Durg Chhattisgarh.

---- Respondent For Appellant :- Shri Rajesh Kumar Sharma, Advocate Hon'ble Shri Prashant Kumar Mishra, Ag. CJ Hon'ble Shri Parth Prateem Sahu, J.

Judgment on Board By Shri Prashant Kumar Mishra, Ag. CJ 28/03/2019

1. The trial Court has dismissed appellant's application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights.

FAM No. 78 of 2019

2. The application was filed on submission that the respondentwife is not joining the company of the appellant to maintain marital relations without any justifiable cause, therefore, the appellant is entitled to decree of restitution of conjugal rights.

3. Admittedly the trial Court has allowed respondent's-wife application under Section 13 of the Hindu Marriage Act, 1955 in Civil Suit No.740A/2014 decided on 17.11.2014 on the findings that the appellant is guilty of committing mental cruelty to the respondent-wife. Thus, once the appellant has been found to be inflicting mental cruelty on the respondent she is fully justified in not joining the company of the appellant. The trial Court has not committed any illegality in dismissing the suit for restitution of conjugal rights.

4. In view of the findings of commission of cruelty by the appellant on the respondent-wife, there is no substance in this appeal and accordingly the appeal is liable to be and is hereby dismissed.

Sd/- Sd/- (Prashant Kumar Mishra) (Parth Prateem Sahu) Acting Chief Justice Judge Ankit