p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK MATA No.418 of 2023 Pratima Devta …. Appellant Mr. P.K. Mohanty, Advocate -versus- Sarada Prasad Mishra …. Respondent Mr. A.P. Bose, Advocate CORAM: JUSTICE B. P. ROUTRAY JUSTICE CHITTARANJAN DASH ORDER 21.02.2025 Order No. 02. 1. Heard Mr. P.K. Mohanty, learned counsel for the Appellant- Wife and Mr. A.P. Bose, learned counsel for the Respondent- Husband. 2. Present appeal is directed against the judgment dated 04.09.2023 of the learned Judge, Family Court, Kendrapara passed in Civil Proceeding No.102 of 2021, wherein the prayer of the Husband for restitution of conjugal right under Section 9 of the Hindu Marriage Act has been allowed directing the Wife to join the company of the Husband. 3. The Wife has come up in the present appeal stating that, there are several ill-treatments made to her by the Husband and in-laws members and in this regard several cases have been filed including criminal case under Section 498-A, I.P.C. In such circumstances, it would be dangerous to the life of the Wife to join the company of the Husband, which is of course strongly refuted by the Husband. Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Feb-2025 15:41:50 Signature Not Verified p. 2 4. It is true that, the prayer for restitution conjugal rights has been allowed at the instance of the Husband directing the Wife to join his company. The Wife is expressly denying to join with her Husband. 5. Mr. P.K. Mohanty, learned counsel for the Appellant-Wife submits that the Wife will never join the company of the Husband as her life would be in danger in case she joins with her Husband. 6. In such view of the matter and the circumstances, this Court is of the opinion that, it depends on the Wife whether she joins union with her Husband or not. It is true that, the Wife cannot be forced to join to her Husband. In the fitness of circumstances we do not see any merit in the challenge of the Wife to the direction of the learned Judge, Family Court, Kendrapara. It is upto her choice whether she would join her Husband or not. 7. It is, however, the apprehension on the part of the Wife that upon her refusal to join the union of her Husband, the amount of interim maintenance granted in her favour may be stopped or refused. But we do not see any reason in such apprehension of the Wife. 8. With the aforesaid observation, the appeal is disposed of. (B.P. Routray) Judge (Chittaranjan Dash) Judge B.K. Barik Designation: Secretary