RUKMA Vs. SAHDEV

JUDGEMENT

(1.) By way of both the instant civil misc. appeals filed under Sec. 19 of the Hindu Marriage Act, the appellant has raised her grievance against the judgment dtd. 24/5/2023 passed by the learned Judge, Family Court, Merta (hereinafter to be referred as 'the Family Court') in Civil Case Nos.185/2021 and 189/2021, whereby the appellant's application filed under Sec. 13 of the Hindu Marriage Act for divorce was rejected and the respondent's application filed under Sec. 9 of the Hindu Marriage Act for restitution of conjugal rights was allowed.

(2.) The brief facts necessary for disposal of the instant appeals are that the appellant solemnized marriage with the respondent on 25/5/2013 and their siblings also married each other as per 'Aata Saata' rituals. Subsequently, the respondent deserted the appellant shortly after the marriage, having treated her with cruelty and even returned her belongings on 21/6/2013. Upon such cruelty as well as desertion for more than 8 years, the appellant preferred an application under Sec. 13 of the Hindu Marriage Act for divorce before the learned Family Court on 12/11/2021. Afterward, the respondent preferred an application under Sec. 9 of the Hindu Marriage Act for restitution of conjugal rights before the learned Family Court on 13/9/2022 with the accusation that the appellant deserted him and subjected him to cruelty.

(3.) In support of the above facts, learned counsel for the appellant submits that the learned Family Court has erred in passing the judgment impugned, as the reply and the affidavits filed on behalf of the appellant remained unrebutted; therefore, the judgment deserves to be set aside.