JENITH JAGDISHBHAI RAJWADI Vs. PARLINBEN RAJENDRAKUMAR KATARIYA

JUDGEMENT

(1.) By way of this appeal, the appellant-original petitionerhusband has challenged the judgment and decree dated 30- 10-2010 passed by the learned Judge, Family Court No.2, Godhra, (hereinafter referred to as "the Family Court" for short) in HMP No.31 of 2010(Old No.3 of 2007) whereby the application filed by the husband under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act" for short) for restitution of conjugal rights was dismissed.

(2.) Short facts are that marriage between the appellant-husband and the respondent-wife was solemnized on 1.2.2005 in the temple of Ambaji Mata, Laal-Baugh Tekari, Godhra and it was registered on 2-2-2005 before the Registrar of Marriage, Godhra. They were in love with each other which culminated into marriage and after the marriage, they were living happily. However, the marriage was not liked by mother of the respondent. Therefore, when the respondent went to her maternal home for vacation, at the instigation and pressure of her mother, the respondent did not return back to her matrimonial home and started quarreling with the appellant on flimsy ground thereby the respondent was not allowing the appellant to enjoy his marital rights. As the appellant was deprived of his matrimonial rights, he filed an application under section 9 of the Act for restitution of his conjugal rights being Hindu Marriage Petition No.31 of 2010(Old No.3 of 2007).

(3.) Facts further are that an application was also filed by the respondent under section 13 of the Act for divorce alleging that her husband used to beat her after drinking. It was further alleged that after 3-4 days of marriage, she went to her parental home and never enjoyed conjugal rights. As the present appellant did not improve and as it had become impossible to live with the appellant any more, she had filed the application under section 13 of the Act being Hindu Marriage Petition No.28 of 2010(Old No.78 of 2006).