The burden of proving reasonable excuse for withdrawal from the society lies on the person who has withdrawn from the society.

JUDGMENT

Amit Sharma J. - CM Appl. 40622/2021 (Delay)

The present application under Section 5 of the Limitation Act has been filed on behalf of the appellant, seeking Condonation of delay of 35 days in filing the present appeal. In view of the facts and circumstances of the case and averments made in the application, the delay is condoned and the application is allowed.

The application is disposed of accordingly.

MAT.APP.(F.C.) 108/2021 & CM Appl. 40621/2022 (Stay)

1. The present matrimonial appeal under Section 19 of The Family Courts Act, 1984 has been preferred against judgment dated 19.12.2019 passed by Shri Dinesh Bhatt, Judge, Family Courts (West), Tis Hazari, Delhi in HMA No. 1124/2014, whereby petition filed by respondent under Section 9 of The Hindu Marriage Act was allowed and a decree for restitution of conjugal rights was passed in favour of the respondent and against the appellant.

2. Necessary facts for determination on the present appeal are as follows:-

(i) The respondent herein (hereinafter referred to as husband) had preferred a petition under Section 9 of The Hindu Marriage Act 1955 seeking restitution of conjugal rights. It was the case of the husband that marriage between the appellant and the former was solemnized on 03.03.2012 at Shri Bharat Mandir, Jamuna Bazaar, Delhi-110006 according to hindu rights and rituals. It was stated in the petition by the husband that the said marriage was against the wishes of their respective parents, but they were hopeful that after disclosure of their marriage, their respective parents might approve and accept them as husband and wife. Although the husband was able to convince his parents, but the parents of the appellant did not approve of the same and did not allow the appellant to join the husband at their matrimonial home. Consequently, the husband initiated necessary steps, including a writ petition in the nature of habeas corpus which was disposed of by Division Bench of this Court by recording the fact that the appellant had refused to accompany the husband. It is also on record that the appellant had filed a writ petition seeking to restrain the husband from publishing, circulating and using photographs and documents with respect to their marriage which was disposed of by learned Single Judge of this Court, on the statement made by the learned counsel for the husband that the photographs and documents regarding marriage would not be circulated in public except that they may be used by the husband in any litigation before a Court of law. As per the petition under Section 9 of The Hindu Marriage Act, 1955 preferred by the husband, the appellant was under pressure from the family members and refused to join his company as his wife and therefore, the remedy available to him under Section 9 of The Hindu Marriage Act, 1955 was sought by way of the aforesaid petition.

(ii) In the written statement filed by the appellant before the Family Court in response to the aforesaid petition, under Section 9 of The Hindu Marriage Act 1955, the appellant primarily took a stand that there was no valid marriage. The marriage photographs and her signatures on the documents were forcibly obtained. It was also the case of appellant that marriage was performed in absence of essential ceremonies like 'saptapadi' and therefore, it was not solemnized as per Hindu Law.

(iii) After completion of pleadings in the aforesaid petition bearing no. HMA 1124/2014, the learned Family Court framed following three issues:-

'i) Whether the Court has got jurisdiction to entertain the present petition. Onus on respondent?

ii) Whether legal and valid marriage was solemnized between the parties. Onus on the parties?

iii) Whether the petitioner is entitled to restitution of conjugal rights U/s 9 of HMA. Onus of petitioner?'

(iv) The learned Family Court, after examining the evidence on record including the testimony of the witnesses and the documents exhibited, returned the finding on all issues in favour of the husba