SUDESH Vs. SURESH SOLANKI

JUDGEMENT

(1.) By this common order we intend to dispose of the two matrimonial appeals filed by the appellant/wife challenging the order dismissing HMA Petition No.154/2012 filed by her under Section 9 of the Hindu Marriage Act, 1955 and granting the decree of dissolution of marriage in Counter Claim bearing HMA No.232/2013 filed by the respondent/husband alongwith the written statement to HMA Petition No.154/2012.

(2.) The undisputed case of the parties is that they got married on April 20, 1994 as per the Hindu rites and customs. The marriage was consummated and a female child was born to the parties on February 17, 1999. At that time the appellant/wife was at her parental home.

(3.) There is some dispute on the issue as to whether the respondent/husband and his family visited her parental home to see the child or not. While the appellant/wife claims that none came to see the child as they were not happy on birth of a female child, the respondent/husband claims that he along with his family members went to see the child but they were humiliated and insulted. However, it is not disputed that after the birth of the child the appellant/wife returned/brought back to her matrimonial home in Palam village along with their child.