Mr. G.R. Moolchandani, J. - (1.) - Appellant Smt. Kanchan has assailed findings of Family Court passed in case No. 158/2007 and 21/08 dt. 30.08.2008 passed by Family Court, Ajmer, whereby trial court has allowed respondent's petition for annulment of marriage under Section 13 of the Hindu Marriage Act and has simultaneously dismissed petition of the appellant, seeking restitution of conjugal rights.
(2.) Heard submissions of rival sides, learned counsel for the appellant has contended that appellant and respondent couple have lived together a life of married couple for several years but after getting employment conduct and behaviour of respondent has changed and he has harassed the appellant, she was beaten, sarcasted and untoward taunts were passed against her and without seeking treatment from general physician, she was administered treatment of Psychiatrist. She is an illiterate, innocent lady and is always ready to join consortium of her husband, so had filed an application under Section 9 of the Hindu Marriage Act to restitute conjugal rights but learned court below has wrongly rejected her application. Respondent has failed to establish his case by positive evidence despite Family Court, Ajmer has wrongly passed a decree of divorce against the present petitioner, in favour of her respondent-husband Ram Swaroop, which is not tenable in the eye of law, so the findings of the court below be reversed and divorce decree be quashed and petition of the appellant, seeking restitution of conjugal rights be allowed.
(3.) Per contra, learned counsel for respondent has contended that appellant is a lady of unamicable temperament, she severally perperated cruelty against her husband, father-in-law and mother-in-law, even she physically assaulted her mother-in-law and father-in-law and respondent husband was also given beatings by the appellant, she is not a lady of balanced mind and is ailing of mental disorder for which she was got treated by psychiatrist and remained under treatment but her mental condition has not improved, she once set a room ablazed and when smoke billowed out, then on detection, the fire was controlled. Appellant is a patient of psychiatric disorder, it is not feasible to join her marital companionship, the court below has properly appreciated the evidence and has rightly passed decree for dissolution of marriage in favour of the respondent and there is no infirmity in the finding of court below, appeals are not supported with cogent grounds and deserve to be dismissed.;