BHARTI MOURYA Vs. SUDHIR BAHADUR MOURYA

JUDGEMENT

(1.) Since the judgment challenged in these two appeals is one and the same, both the appeals are taken up together for final disposal by this common and one judgment.

(2.) Both the appeals are filed against vise versa by the parties, having been aggrieved by a judgment and decree dated 29 th September, 2009 given in Case No.11A/07 (HMA), by the Principal Judge of the Family Court, Gwalior, dismissing claim of the wife preferred under Section 9 of the Act for restitution of her conjugal rights vis-a-vis counter claim preferred by the husband on other side for dissolution of marriage under Section 13 of the Act.

(3.) The facts leading to the present case may be summarised as under:- The marriage between the appellant-Smt. Bharti and respondent-Sudhir was solemnized on 5 th May 1992 as per Hindu rites and customs. It is alleged that the respondent-husband-Sudhir expelled his wife-Smt. Bharti from his house on the part of her failure to bring dowry. Despite repeated efforts from her side, respondenthusband did not permit her to live with him. On the contrary, he decided to file a petition under Section 13 of the Act for taking divorce, which was dismissed by the trial court vide judgment dated 15/10/01 against which an appeal (F.A.No.234/01) was preferred. Same was dismissed by this court vide judgment dated 25 th November 2005 by this Court, holding that the respondent-husband failed to make out a case with valid and legal reasons for dissertation of his wife. The appellant (wife of respondent), by submitting a petition under Section 9 of the Act, now, in turn, prayed for restitution of conjugal rights before the trial court.