Meena Gaur vs Shastri Ram
2022 Latest Caselaw 21796 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- FIRST APPEAL No. - 920 of 2022
 

 
Appellant :- Meena Gaur
 
Respondent :- Shastri Ram
 
Counsel for Appellant :- Santosh Kumar Jaiswal
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Mohd. Azhar Husain Idrisi,J.

Heard learned counsel for the defendant-appellant.

This appeal under Section 19 of the Family Courts Act, 1984 has been filed praying to set aside the judgment dated 16.11.2022 and decree in Matrimonial Case No. 89 of 2010 (Shastri Ram Vs. Meena Gaur), under Section 9 of Hindu Marriage Act, 1955 passed by Principal Judge, Family Court, Ghazipur, whereby the decree for restitution of conjugal rights has been granted to the plaintiff-respondent.

We have perused the impugned judgment. We find that abovenoted matrimonial case was filed by the plaintiff-respondent in the year 2010. In the plaint, it has been stated that age of daughter Archana is 12 years, age of daughter Saumya is 8 years and age of son Shubham is 6 years. Thus, now all the three children have become major.

The defendant-appellant in her cross examination has taken the stand that she is living in city only for the purpose of education of her children. She also stated that she wants to live with her husband provided her husband agrees to reside in city. She also stated that she does not want divorce. Relying upon her own evidence of the defendant-appellant, the court below has decreed the abovenoted matrimonial case.

In view of the facts and evidences noted above, we find that defendant-appellant has completely failed to establish that she has withdrawn from the society of her husband for any reasonable excuse. Thus, the appeal is totally frivolous and, therefore, deserves to be dismissed at the admission stage.

For the reasons aforestated, the appeal is dismissed.

Order Date :- 19.12.2022

Rmk.