JUDGEMENT
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(1.)Heard learned counsel for the appellant.
(2.)Appellant is the husband aggrieved with the dismissal of the Title (Matrimonial) Suit No. 23/2009 seeking decree of restitution of conjugal rights under Section 9 of the Hindu Marriage Act.
(3.)As per the case of the plaintiff, marriage between the parties took place 6 years before the institution of the suit, according to the customary law of santhals and both were leading a conjugal life. A female child was born out of their wedlock, who is aged about 5 years. However, as per the plaintiff, defendant began to pressurize him to live separate from his family members and also deposit Rs.30,000/- in her name in a Bank. The defendant thereafter went to her 'Naihar' as the plaintiff could not accede to the demand. Thereafter, the defendant has flatly refused to come to her matrimonial house despite several attempts made by the plaintiff. Suit has, therefore, been filed by the plaintiff for a decree of restitution of conjugal rights , as the defendant has been living separately without any reasonable cause. Defendant appeared in the suit, but, did not file any written statement. Plaintiff examined 5 witnesses and defendant examined herself as DW-1.
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