Smt. Rani Janghel v. Roshan Kumar Janghel

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR FAM No. 111 of 2018 • Smt. Rani Janghel W/o Shri Roshan Kumar Janghel, Aged About 22 Years R/o Village Padmavatipur, Police Station and TahsilChhuikhadan, District Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

• Roshan Kumar Janghel, S/o Shri Lakshman Ram Janghel, Aged About 24 Years, R/o Village- Rengakhar(Salhewara), Police Station And Tahsil- Chhuikhadan, District Rajnandgaon, Chhattisgarh ---- Respondent For Appellant Shri Shivendu Pandya, Advocate Hon'ble Justice Mr. Prashant Kumar Mishra Hon'ble Justice Mrs. Vimla Singh Kapoor Order On Board 01/11/2018 1.

The Family Court has allowed the respondent's application for restitution of conjugal rights. The respondent has not appeared despite service of notice.

2.

Learned counsel for the appellant would submit that the matter may be referred for mediation, because the appellant also wants to join the company of respondent husband and desires to live together with him.

3.

We fail to understand, if the appellant also wants to resume the matrimonial relationship with the respondent husband, why the

present appeal has been preferred calling in question the legality and validity of the impugned decree for restitution of conjugal rights.

4.

Learned counsel for the appellant would now submit that despite the impugned decree, the appellant apprehends that when she goes to the house of the respondent to live together with him, she may be subjected to ill treatment and may be thrown out of the house. On the face of the impugned decree, the respondent may not do that. Therefore, we dismiss this appeal with observation that since the appellant wants to join the matrimonial chord, both the parties shall live their matrimonial life happily and the respondent shall also respect the decree passed in his favour. 5.

The appeal stands dismissed subject to what is stated above. Sd/- Sd/- Prashant Kumar Mishra Vimla Singh Kapoor Judge Judge Nirala