LAWS(RAJ)-2017-1-245

DR. SUNIL SONI S/O SHRI RAJENDRA KUMAR SONI Vs. DR. (SMT.) KHUSHBU SONI W/O DR. SUNIL SONI, D/O SHRI GIRDHARI LAL SONI

Decided On January 20, 2017
Dr. Sunil Soni S/O Shri Rajendra Kumar Soni Appellant
V/S
Dr. (Smt.) Khushbu Soni W/O Dr. Sunil Soni, D/O Shri Girdhari Lal Soni Respondents

JUDGEMENT

(1.) The instant appeal as been filed by the appellant, Dr. Sunil Soni, under Section 19 of the Family Court Act, against the order dated 29th of November, 2016 passed by learned Judge, Family Court, Bhilwara in Civil Case No.227/2016 (Smt. Khushbu Soni v. Sunil Soni), whereby the learned Family Court, Bhilwara, allowed the application filed by the respondent/wife under Section 24 of the Hindu Marriage Act, 1955 and granted monthly maintenance of Rs.8000/- to the respondent/wife in the proceedings initiated by the appellant/husband under Section 9 of the Hindu Marriage Act, 1955 (Act of 1955) for restitution of conjugal rights.

(2.) Learned counsel for the appellant submitted that marriage of the appellant with respondent solemnized on 09.03.2015, however, the relationship of the appellant with respondent did not remain cordial since very beginning because respondent/wife was having illicit relations with Wasim Khan. It is also submitted that due to cruel behaviour of her with the appellant and his family members. The appellant and respondent are living separately from 14.05.2015.

(3.) However, with a view to settle matrimonial life, the appellant filed an application under Section 9 of the Act of 1955 for restitution of conjugal rights on 10.07.2015, in which after service of notice, the respondent/wife filed an application u/s 24 of the Act of 1955 claiming maintenance of Rs.25,000/- and Rs.5000/- towards expenses for attending the court on each date and further a sum of Rs.40,000/- towards the litigation expenses.