- (1.) To assail the validity of the judgment and decree dated 01.02.2017 passed by the Family Court, Pali in Civil Misc. Case No.373/13, this appeal as per section 19 of the Family Courts Act, 1984 is before us.
(2.) In brief, factual matrix of the case is that the appellant entered into a wedlock with the respondent on 27.06.2004 as per Hindu customs and rights. Out of the wedlock aforesaid, the couple was blessed with a son on 12.04.2005. While undergoing process of delivery of child, the respondent was at her parental house but after birth of the male child no effort was made by the appellant or any of his family member to call her back to matrimonial home. Ultimately on 02.02.2006 she went to the residence of the appellant but on 17.02.2006, as per the respondent, she was ousted from the house and, therefore, she had no option but to return to her parents.
(3.) The appellant then preferred an application as per section 9 of the Hindu Marriage Act, 1955 which was ultimately came to be dismissed being withdrawn on arrival of some compromise between the parties.;