RAHUL SOOR Vs. KIRTI SOOR

JUDGEMENT

(1.) This appeal has been filed against the impugned judgment and decree dated 11.03.2011 passed by learned Principal Judge, Family Court, Durg (CG) in Civil Suit No. 131-A/2010 dismissing the petition filed by the appellant/husband against the respondent/wife under Section 9 of Hindu Marriage Act, 1869 (for short 'the Act') for restitution of conjugal rights. The facts of the case, in brief, are that the appellant/husband and the respondent/wife were married on 10.10.2008 according to Hindu rights and customs at Bageshwar Sansthan, Akola Maharashtra evidenced by photographs and CDs. On account of unwillingness of the parents of the respondent/wife, both the parties were separated. The appellant/husband has filed a petition under Section 9 of the Hindu Marriage Act against the respondent/wife for restitution of conjugal rights on 16.06.2009.

(2.) The Court below after hearing the parties in the matter and considering the material available on record, dismissed the petition of the appellant/husband herein on the ground that he has not been able to prove the allegations made against the respondent/wife in the petition filed under Section 9 of the Hindu Marriage Act.

(3.) We have heard learned counsel for the parties, perused the record of Claims Tribunal as well as the impugned judgment.