LAWS(RAJ)-2019-9-159

POOJA Vs. DHARMENDRA SANKHLA

Decided On September 09, 2019
POOJA Appellant
V/S
Dharmendra Sankhla Respondents

JUDGEMENT

(1.) Since both the appeals are arisen out of a common order, they are being decided by this common order.

(2.) Both these appeals have been preferred by the appellant wife against the order of the learned Family Court, Ajmer passed on 23.8.2018 whereby the learned Family Court allowed Matrimonial Application No. 76/2011, dissolving the marriage, filed by the respondent husband u/s 13(1)(ia) of the Hindu Marriage Act, 1955 (for short "the Act") and dismissed the Application No. 260/2011 filed by the appellant wife against respondent husband u/s 9 of the Act for restitution of conjugal rights.

(3.) Brief facts giving rise to these appears are that the marriage of the appellant was solemnized with respondent as per Hindu rites and customs on 14.2.2009 at Ajmer. The spouses are blessed with son; namely, Pratham on 1.1.2010. Respondent husband filed divorce petition u/s 13 of the Act on 10.2.2011. During pendency of the divorce petition, the appellant wife filed an application u/s 9 of the Act for restitution of conjugal rights on 10.6.2011. Divorce petition had been filed by the respondent on the ground of cruelty. In this petition, the respondent stated that on very first night of their marriage the appellant told him that she wanted a separate house in which she, respondent and their children would live. She did not do the household work and threatened them. If compelled to do the household work, she would register false case of divorce against them. She also threatened them that if her wishes were not fulfilled, she would commit suicide. She also used to abuse his mother and grand-mother. She leave matrimonial home in June, 2009. After birth of child, she had not joined him after several requests.