G.R. Moolchandani, J. - (1.) Appellant Smt. Gulnaz has assailed findings of court below passed by Family Court, Tonk on 21.6.2013 in Civil Suit No. 9/2013 (75/2009), whereby Family Court, Tonk has decreed the petition for restitution of conjugal rights filed by the respondent.
(2.) Heard rival submissions, learned counsel for the petitioner has contended that appellant was maltreated and beaten by her respondent husband and was ousted from the house and compelled to seek shelter in her parental house alongwith two small children, appellant has launched action against her respondent husband and a case u/s 498A coupled with sec. 406 of IPC is pending before the Court of Chief Judicial Magistrate, Tonk. Respondent has got an unpleasant temperament, he has given several beatings and abuses to the appellant severally, so the appellant cannot be compelled to join the matrimonial company of her husband, the court below, ignoring the evidence, has passed the judgment impugned, which is not sustainable in the eye of law, so it be quashed.
(3.) Learned counsel for the respondent Jafarullah has argued that behavior of the appellant is not amicable, she has falsely lodged alleged FIR against the respondent and a delay of six months is there in lodging the alleged FIR, which discloses that appellant has put in motion unlawful proceedings falsely, respondent is prepared to keep and maintain her alongwith his children, there is no infirmity in the findings of the court below, so the appeal be dismissed.;