KANHAIYA DAN Vs. SANTOSH DEVI

JUDGEMENT

(1.) IN pursuant to the notice dated 01.5.2015 Shri Sajjan Singh Rathore has put in appearance on behalf of the respondent Smt. Santosh Devi.

(2.) ADMIT . No need to issue notice afresh as the contesting respondent is represented by his counsel. With consent of the parties, this appeal is heard finally today itself.

(3.) TO challenge the judgment and decree dated 03.12.2014, the instant appeal is preferred. It is submitted by learned counsel for the appellant that the appellant preferred an application under Section 9 of the Act of 1955 to restore the conjugal rights and this fact itself is sufficient to arrive at a conclusion that he was never interested in breakage of marriage and further that he never extended any cruelty sufficient to grant a decree as per Section 13 of the Act of 1955. It is further submitted that even as per the evidence available on record, there is no material to have a finding of cruelty extended by the appellant giving a cause to annul marriage between the parties.