Bhuribai VS Bheemsingh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

VIVEK RUSIA, GAJENDRA SINGH
Bhuribai – Appellant
Versus
Bheemsingh – Respondent

Advocates:
Counsel for the Parties:
For the Appellant: Shri Chandrakant Verma, learned counsel
For the Respondent: Shri Aditya Verma, learned counsel

JUDGMENT

Gajendra Singh, J.—First Appeal No.377/2020 is preferred by the wife/appellant being aggrieved by the judgment and decree dated 11.02.2020 in RCSHM No.62/2016 whereby the petition for divorce on the ground of cruelty under section 13(1)(ia) of the Hindu Marriage Act, 1955 has been rejected and First Appeal No.388/2020 is preferred being aggrieved by the judgment and decree dated 14.02.2020 in RCSHM No.61/2018 whereby the decree of restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955 has been passed in favour of respondent/husband against the wife/appellant by Principal Judge, Family Court, Shajapur.

2. Facts in brief are that a marriage was solomnized on 01.05.2015 as per Hindu rituals including saptpadi in village Kohdiya Koshalpur, district Shajapur. At the time of marriage appellant/petitioner Bhuribai has cleared 12th standard and she expressed her desire to continue studies. The parents and family members of in-laws agreed and gauna ceremony was solemnized on 16.07.2016 and elder brother of husband and relative viz. Suresh took the petitioner to her matrimonial home only for a period of 2 days with an assurance that petitioner will return at

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