SMT. SAVITRI DEVI Vs. NEMICHAND AND ANR

JUDGEMENT

(1.) This Civil Misc. Appeal has been preferred against the order dated 8/2/2013 passed by the ADJ Neem Ka Than in petition no. 50/2010 whereby the application filed by the respondent under Section 9 of Hindu Marriage Act, 1955 for restitution of conjugal rights has been allowed.

(2.) Brief facts of the case are that the marriage of appellant-wife and respondent-husband was solemnized on 9/2/1992. A female child was born out of wedlock on 3/9/2005 and another female child on 24/7/2007 and she was given maltreatment so that she came back to her parental house on 12/9/2007.Respondent-husband filed the application under Section 9 of Hindu Marriage Act which was allowed exparte.

(3.) Learned counsel for the appellant has submitted that the ex-parte order has been passed against the appellant as she could not put appearance before the court below. He further submitted that the appellant was treated in cruel manner so that she left the matrimonial home hence the impugned order be set aside.