PRAKASH CHANDRA KAPOOR Vs. RITU KAPOOR

JUDGEMENT

(1.) Heard Smt. Anita Tripathi, learned counsel for the appellant.

(2.) This is an appeal under Section 19 of the Family Court Act against the order dated 9.9.2005 passed by the Judge, Family Court, Agara, by which he has rejected the petition filed by the appellant under Section 13 of the Hindu Marriage Act (hereinafter referred to as the "Act") for divorce.

(3.) The brief facts of the case are that the appellant married with the respondent on 21.11.1997 in accordance to Hindu rituals. A suit has been filed on the allegation that on 14.3.2008, the respondent-wife went to her parents house after taking jewellery of sister-in-law of the appellant and thereafter did not come despite the efforts being made by the appellant. The last effort was made on 10.2.1999. When the appellant gone to respondent's parents' house to take her back, he has been physically assaulted, in respect of which a complaint has been filed before the Senior Superintendent of Police, Agra. Thereafter, the appellant has filed petition under Section 9 of the Act, being case no. 257 of 1999 for the restitution of conjugal rights. Respondent filed complaint under Section 498-A of the IPC, which has been registered as case no. 239 of 1999. Another complaint has been filed under Section 406 IPC and under Section 125 Cr.P.C. In the aforesaid cases, the appellant and his family members have been arrested and have been sent to jail. It is pleaded that in these circumstances, it is not possible for the appellant to live with the respondent.