SUNIL Vs. SMT. ABHILASHA

JUDGEMENT

(1.) Validity of judgment and decree dated 18.2.2014 passed by learned Judge, Family Court, Bhilwara in Civil Misc. Case No.335/2012 whereby the divorce petition preferred by respondent-plaintiff has been accepted and application under Sec. 9 of Hindu Marriage Act preferred by the appellant defendant has been disallowed, questioned by way of two separate appeals, Appeal No.345/2014 has been preferred challenging the validity of divorce and Appeal No.346/2014 against dismissal of application seeking restitution of conjugal rights.

(2.) Heard both the sides, it has been contended by learned counsel for the appellant that the trial court has committed material illegality in rejecting the application of the appellant moved under Sec. 9 of the Hindu Marriage Act and accepting petition under Sec. 13 of Hindu Marriage Act by decreeing divorce petition. Appellant-plaintiff failed to establish allegations of cruelty and no positive evidence was adduced to prove cruelty, the appellant has not committed any cruelty. Appellant is very much prepared to live with the respondent, but learned lower court committed error in not appreciating the evidence in proper perception. Hence, the appeals be allowed and the impugned judgment and decree be set aside and application of the appellant preferred under Sec. 9 of Hindu Marriage Act be allowed.

(3.) Plaint relating to divorce petition, filed by respondent Smt. Abhilasha under Sec. 13 of the Hindu Marriage Act discloses that the couple had married on 2.9.2009 and no issue begotten out of wedlock, defendant Sunil allured her under pretext of putting Mehandi upon his family members and then forcibly compelled her to marry and in order to protect dignity of the family, plaintiff's parents agreed to ceremonies marriage, further contentions of physical and mental cruelty and demand of dowry with threats have also been pleaded, which has been countered by the pleadings as raised in the written statements by the defendant.