GHANSHYAM GUPTA Vs. TANU GUPTA

JUDGEMENT

(1.) The parties are before us and with their consent the matter is being decided finally.

(2.) This appeal is directed against the order dtd. 16/1/2019 by which the appellant's application seeking restitution of conjugal rights has been rejected by the learned Family Court.

(3.) Learned counsel for the appellant made a short and pointed submission of law that the Family Court could not have rejected his application without any trial. He would argue that at the initial stage of conciliation proceedings, if the Family Court found that, at that stage, conciliation was not possible, it ought to have proceeded to try the suit by directing the respondent to file written statement, framing issues and allowing the parties to lead oral and documentary evidence to decide the application on its own merits. However, the learned Family Court after recording failure of conciliation, has straightway proceeded to dismiss the application without any trial whatsoever.