PANKAJ KUMAR Vs. MEGHA UPADHYAYA

JUDGEMENT

(1.) This is the appeal which is listed with connected FA No. 122 of 2012 Pankaj Kumar v. Megha. But since the instant appeal is against the judgment under section 9 of the Hindu Marriage Act and appeal FA No. 122 of 2012 is against the judgment passed under Section 13, they are being decided separately, as parameters of consideration are absolutely different for Section 9 and section 13 of the Hindu Marriage Act.

(2.) The husband has filed appeal against the grant of a decree under Section 9 dated 29.09.2012 in Suit No. 20 of 2010 "Megha Upadhyaya v. Pankaj Kumar", by the proceedings instituted by the plaintiff-respondent under section 9 of the Hindu Marriage Act for restitution of conjugal rights was decreed.

(3.) The grounds taken for challenging the judgment impugned by the appellant are that there has been cruelty as pleaded by the plaintiff-respondent, soon after the marriage she started levelling allegations against husband on trivial issues, when all the efforts made by the parents failed. To resolve the disputes and also because of the fact that the cruelty did not abate, suit was filed for dissolution of marriage.