TRAPTI Vs. ANIL KUMAR

JUDGEMENT

(1.) This first appeal under Sec. 28 of the Hindu Marriage Act has been filed by the appellant-wife being aggrieved by the judgment dtd. 5/1/2024 passed by the Additional District Judge, Lahar to the Court of District Judge, Lahar, Bhind, in RCS HM-44/2023 whereby petition under Sec. 9 of the Hindu Marriage Act filed by the respondent/plaintiff has been allowed.

(2.) Brief facts of the case are that a petition under Sec. 9 of the Hindu Marriage Act has been filed by the respondent/husband before the trial Court stating therein that his marriage was solemnized with the appellant on 11/6/2022 as per Hindu rites. After marriage appellant came to her matrimonial home thrice and during this period she behaved well with the plaintiff and his family members. Thereafter on 20/11/2022 appellant along with her brother Gaurav and sister Reena taking gold and silver ornaments and cash of Rs.15,000.00 went to her home and despite various efforts did not return to her matrimonial home. It is further stated that appellant has deserted the plaintiff without any sufficient cause and she is not performing her conjugal duties.

(3.) The appellant/wife denied the aforesaid averments in her reply and pleaded that plaintiff subjected her to cruelty and therefore she has filed various cases in different Courts at Jalaun, Orai. The plaintiff by suppressing this fact has filed the petition under Sec. 9 of the Hindu Marriage Act.