RAJESH KUMAR UPADHYAY Vs. JUDGE FAMILY COURT VARANASI

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree dated 22-4-1997 passed by Shri B.D.S. Srivastava, Judge, Family Court, Varanasi by which the Judge, Family Court, Varanasi had decided two cases :-(i) Case No. 268 of 1995 Rajesh v. Kumud - Application for restitution of conjugal rights under Section 9 of Hindu Marriage Act. The said application was dismissed by the aforesaid order.(ii) Case No. 316 of 1995 Kumud v. Rajesh - Application under Section 13 of Hindu Marriage Act for a decree of divorce on the ground of cruelty and desertion. The said application was allowed by the aforesaid judgment and decree.

(2.) It may be mentioned at the very outset that the appellant husband had moved application under Section 9 of the Hindu Marriage Act (hereinafter referred to as the Act) on 26-9-1995. The wife respondent moved an application under Section 13 of the Act on 9-11-1995.

(3.) In order to understand the controversy in the present appeal the following few facts are necessary. Parents are keen to marry their daughter and of course it is their moral and pious duty to do so. Later on after marriage it is generally found that there is difference of upbringing between the two families which brings clash of ego. Then there is wreckage of holy tie. Fortunately in this case the background of both the families is service. Unfortunately the husband was studying in B.Sc. when the marriage was performed with the respondent wife. The wife is also literate as revealed from the meeting in Chamber and she has done B.Sc. The appellant-husband is still studying Law in Banaras Hindu University and is unemployed. Employment is also a big factor in destabilising the marriages. The marriage took place on 26-6-1988 in village Chandvak, District Jaunpur. Father of the appellant-husband belongs to Varanasi.