Madhya Pradesh High Court
Ashish vs Smt. Ashwini on 4 August, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2025:MPHC-IND:20563
1 FA-716-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 4 th OF AUGUST, 2025
FIRST APPEAL No. 716 of 2025
ASHISH S/O RAJKUMAR CHAWRE
Versus
SMT. ASHWINI W/O ASHISH CHAWRE
Appearance:
Appellant - husband by Shri Vasant Zokarkar - Advocate.
ORDER
Per: Justice Binod Kumar Dwivedi
This appeal under Section 19 of the Family Courts Act, 1984 (herein
after referred to as the Act of 1984) read with Section 28 of the Hindu
Marriage Act, 1955 (herein after referred to as the Act of 1955) assails
impugned judgment dated 06.03.2025 (Annexure A/1) passed in Hindu
Marriage Case bearing Number RCS HM/27/2023 by the learned Additional
Judge to the Court of Principal Judge, Family Court, Indore (MP), whereby
an application filed under Section 9 of the Act of 1955 on behalf of
responded - wife has been allowed; and a degree for restitution of conjugal
rights has been passed in her favour, directing the appellant - husband to
reinstate conjugal rights.
2. It is not in dispute that the appellant and the respondent are married
husband and wife. Their marriage was solemnized on 28th November 2021,
NEUTRAL CITATION NO. 2025:MPHC-IND:20563
2 FA-716-2025
as per Hindu rites and customs. The respondent - wife fulfilled her marital
obligations; and after 15 (fifteen) days of marriage, a dispute arose between
the respondent and sister of the appellant and after that she was maltreated by
the appellant - husband at the instigation of his family members. She was
expelled after beating on 21.07.2022. A complaint in this regard was filed
on 25.07.2022. She has been deserted by the appellant - husband, therefore,
she filed an application under Section 9 of the Act of 1955 for restitution of
conjugal rights, which was opposed by the appellant - husband. Taking into
concentration the pleadings of both the parties and after framing necessary
issues, the learned family Court below vide impugned judgment dated
06.03.2025 granted a degree for restitution of conjugal rights in favour of
respondent - wife, which gave rise to this appeal.
3. Learned counsel for the appellant - husband submits that the
impugned judgment is based on conjectures and surmises. The evidence
adduced has not been appreciated in right perspective by the Court below.
Over conduct of the respondent - wife has been ignore; and the evidence
adduced by him has been discarded in reaching to the conclusions in the
impugned judgment. Therefore, learned counsel prays for allowing the
appeal and setting is side the impugned judgment.
4. The contention of the learned counsel on behalf of the respondent-
wife before the Family Court was that it is the appellant, who has deserted
her without, sufficient reasons, therefore, she had filed the petition under
Section 9 of the Act of 1955.
5. Heard and considered the submissions raised at bar and perused the
NEUTRAL CITATION NO. 2025:MPHC-IND:20563
3 FA-716-2025
record.
6. From the perusal of the record, the impugned judgment and the
supporting evidence available on record, this Court is of the considered view
that no case is made out for interference in the impugned judgment and
decree, as there is no evidence available to prove the fact that the appellant
has ever made any efforts to bring back his stranger respondent - wife, even
after passing of the degree of restitution of conjugal rights. He has not
complied with it, rather he is opposing the degree by way of this appeal. No
ground is made out for interference in the impugned judgment and degree,
which is based on due appreciation of evidence.
7. Resultantly, this appeal being devoid of any substance, fails and is
hereby dismissed.
IA No.4070 of 2025 , an application for condonation of 50 days delay
in filing the present first appeal also stands disposed off.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
rcp
