SUNITEE CHAUHAN Vs. AAKASH SINGH CHAUHAN

JUDGEMENT

(1.) HEARD on admission.

(2.) FEELING aggrieved and impugning the order dated 15.1.2009 passed by the principal Judge of the Family Court, Gwalior in case No. 205A/2008 H.M.A., this petition under Article 227 of the Constitution of India has been preferred by the petitioner-wife Smt. Sunitee Chauhan against the respondent- husband Akash Singh Chauhan. Vide impugned order, the learned Judge has allowed the application filed under Order 6 Rule 17 of CPC by the respondent in the aforementioned case initiated by him for restitution of conjugal rights under Section 9 of the Hindu Marriage Act 1955 (in short- the Act) and has permitted him to incorporate alternative plea of divorce under Section 13 of the Act.

(3.) UPON combined reading of the application and the impugned order, it appears that during the proceeding when the efforts of reconciliation became unsuccessful by refusal of the petitioner-wife to live alongwith the respondent- husband, the parents of the respondent were also threatened on 5th August 2008 that if the proceedings under Section 9 of the Act are not withdrawn, criminal cases will be instituted against them and they will be sent to the jail. Vide impugned order, it also appears that during arguments it was mentioned on behalf of the respondent that a false report was lodged by the petitioner at crime No. 354/08 at Police Station Padav, Gwalior against the parents of the respondent and in consequence thereof, they were taken into custody and remained in jail. Anticipatory and the regular bail applications filed on their behalf were also opposed, on behalf of the petitioner.