RAJ KUMAR BANSAL Vs. ANJANA KUMARI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of District Judge, Faridabad, dated 6/09/1991, dissolving the marriage of the parties to the lis, without going into the merits of the allegations and counter allegations, in the light of the Referee's verdict.

(2.) The appellant/husband (hereinafter the husband) filed a petition under Section 9 of the Hindu Marriage Act, 1955 (for short, the Act) against the respondent-wife (hereinafter the wife) for restitution of conjugal rights. The wife filed counter-claim petition under Section 23-A, of the Act seeking relief under Section 13 for dissolution of marriage by a decree of divorce. During the pendency of these petitions, the husband and his counsel made the following statement before the matrimonial Court on 2/08/1991 :-

(3.) I heard the parties and their companions in detail and perused the pleadings of the parties in the matrimonial file and went through the papers relating to the case under Section 498-A, I.P.C. However, it was agreed by both sides that one adjournment should be given so that one more attempt to compromise the matter could be made. They said they would bring some more respectables with them on the next hearing. Accordingly, the matter was adjourned to 18-8-1991, the date of the choice of both the parties. On the insistence of the bridegroom's side, the time of the meeting was fixed as 11.00 a.m. they said they could not come earlier. 4. On the adjourned date i.e. 18-8-91, the bride's side arrived at 11.00 a.m. sharp. Their team consisted of the following :-