NIRMALA Vs. MANOJ KUMAR

JUDGEMENT

(1.) The appellant/wife is aggrieved by the judgment and decree dated March 24, 2015 passed by learned Judge, Family Court whereby her marriage with the respondent/husband has been dissolved on the ground of cruelty.

(2.) The appellant/wife got married to the respondent/husband on Feb. 15, 2006 as per Hindu rites and customs. They were blessed with a female child born on April 02, 2007. The grievance of the respondent/husband was that his wife used to visit very frequently to her parental home without his consent and stayed there for a long duration. When the appellant/wife was in family way and the respondent/husband wanted her to be at the matrimonial home she refused to return. Even after the birth of the daughter she stayed for about one year at her parental home. Finally she left the matrimonial home on March 07, 2010 without the consent of respondent/husband. The efforts made by the respondent/husband on different dates including on the occasion of 'Naamkaran Sanskar' of his nephew, appellant/wife refused to join him.

(3.) Under the above circumstances the respondent/husband filed a petition under Sec. 9 of Hindi Marriage Act, 1955 seeking restitution of conjugal rights which was later dismissed as withdrawn with liberty to file fresh petition after the amendment. However, instead of filing fresh petition under Sec. 9 of Hindu Marriage Act, 1955, the respondent/husband filed a petition on Aug. 27, 2010 for dissolution of marriage on the ground of cruelty.