- (1.) Appellant- Dushyant Kumar, has preferred these two appeals under Section 19 of the Family Courts Act, assailing the validity of judgment dated 02.05.2015 passed by learned Judge, Family Court, Udaipur, in Civil Misc. Case No.240/2010 and Civil Misc. Case No.107/2012 respectively, whereby learned court below rejected application filed by the petitioner under Section 13 of the Hindu Marriage Act, 1955 (for brevity, hereinafter referred to as 'Act') and the learned court below allowed the application filed by the respondent-wife under Section 9 of the Act for restitution of conjugal rights.
(2.) The learned court below decided both applications by common judgment dated 02.05.2015, which is under challenge in this appeal.
(3.) Briefly stated, the facts of the case are that marriage of appellant Dushyant Kumar was solemnized with respondent Smt. Pinki on 17.05.2006 at Village Sirsarma, Tehsil Girwa, District Udaipur as per Hindu rites. After marriage for near about one and half year the relationship of both the parties become bad, therefore, the respondent used to visit her parents' house and did not live permanently in her in-laws' house. Appellant Dushyant Kumar made allegation with regard to cruelty against the respondent/wife and specifically made allegation that her attitude is quarrelsome and sometime she gave threat to commit suicide, because she is mentally disturbed. It is also pleaded that before two and half years of filing application, respondent left her matrimonial house without reason and went permanently to her parents' house and refused to come back and now it was not possible for him to live with the respondent.;