SMT. REKHA Vs. GOPIKISHAN

JUDGEMENT

(1.) By judgment dated 19.1.2015, learned Family Court decided an application preferred under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act of 1955') and also an application preferred under Section 13 of the Act of 1955 by the appellant. Learned Family Court, while granting the decree for restitution of conjugal rights in favour of the respondent, rejected the application to have a decree for divorce.

(2.) The appeals preferred to challenge the judgment are before us and we deem it appropriate to first examine the appeal (D.B. Civil Misc. Appeal No.580/2015) giving challenge to the judgment and decree rejecting the application under Section 13 of the Act of 1955.

(3.) In brief, factual matrix of the case is that the appellant entered into a wedlock with respondent on 15.5.2003 and out of that a female child born. The appellant alleging cruelty preferred an application under Section 13 of the Act of 1955 with assertion that the respondent for one or other reason used to harass, humiliate and victimise her. As per the appellant, the respondent after having the girl child used to abuse her and also made several demands to have a peaceful matrimony. The respondent, as per the appellant, also made an effort to abduct her when she was staying with her parents. Several criminal cases were also lodged between the parties due to ill-treatment to the appellant on part of the respondent. The respondent also remained behind the bars for ten days in the year 2008. In the application specific incidents were mentioned about extension of ill-treatment and victimisation of the appellant by the respondent.