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SANGEET LODHA, RAMESHWAR VYAS
Yatendra Singh Chouhan – Appellant
Versus
Himani Sisodia – Respondent
JUDGMENT
1. This appeal under Section 19 of the Family Court Act, 1984 has been filed by the appellant-husband against his wife assailing the order dated 13.11.2019 passed by learned Family Court No.l, Jodhpur, whereby, the application filed by the appellant herein under Order IX, Rule 7 CPC during the proceeding under Section 9 of the Act of 1955 has been rejected.
2. Brief facts of the case are that the respondent - Smt. Himani Sisodia preferred an application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights against her husband before the learned Family Court on 07.02.2019. After service of the notice of application, the appellant made his appearance on 25.04.2019. Thereafter appellant did not appear before the learned Family Court for consecutive 4-5 dates. On 26.08.2019 learned Family Court ordered ex parte proceeding against the appellant-husband and fixed the next date for pronouncement of order on the application under Section 24 of the Act of 1955, which was filed during the proceeding under Section 9 of the Act of 1955 on 07.02.2019, to which, reply was also filed by the appellant on the first date of his appearance before the learned Family
The court clarified that ex parte proceedings can be set aside to ensure both parties are heard, but maintenance orders under Section 24 cannot be challenged through Order IX, Rule 7 CPC.
An ex-parte decree of restitution does not bar a wife's right to maintenance if she demonstrates justified reasons for separation; maintenance should reflect reasonable comfort aligned with the husba....
Husband's legal and moral responsibility to provide support to the wife and minor under Section 125 Cr.P.C., and the summary nature of proceedings under this section.
The court emphasizes the necessity of maintenance obligations during matrimonial litigation, allowing penalties for non-payment to ensure equity in proceedings.
The statutory provision allows for divorce if no restitution of conjugal rights occurs for over a year post-decree, validating the grounds for divorce.
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