Shrikant vs Bhawana (2023/Rjjd/016701)
2023 Latest Caselaw 5120 Raj

[2023/RJJD/016701]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Misc. Appeal No. 599/2023

Shrikant S/o Shri Banwarilal, Aged About 27 Years, Resident Of Old Ward No. 14, Current Ward No. 16, Sardarshahar, Tehsil Sardarshahar, District Churu (Rajasthan)

----Appellant Versus Bhawana D/o Narayanchand, Aged About 29 Years, Resident Of Old Ward No. 12, Current Ward No.16, Sardarshahar, Tehsil Sardarshahar, District Churu (Rajasthan)

----Respondent

For Appellant(s) : Mr. KR Saharan For Respondent(s) :

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order

23/05/2023

This appeal is filed by the appellant being aggrieved by the

judgment dated 17.02.2023 passed by the Family Court

(Additional District Judge) Sardarshahar District Churu whereby

the application filed by the appellant under Section 9 of the Hindu

Marriage Act has been dismissed.

The Family Court has observed that from the facts and

circumstances of the case, it is not revealed that the appellant has

solemnized marriage with the respondent as per the Hindu rituals

under the Hindu Marriage Act.

As per the fact of the case, the appellant has solemnized

marriage with the respondent on 06.02.2018 but on 13.02.2018

the respondent has filed a police complaint alleging that the

appellant has prepared the marriage documents while the

[2023/RJJD/016701] (2 of 2) [CMA-599/2023]

respondent was unconscious. Though in the said police complaint,

Negative Final Report is filed but one fact remains that the

respondent never lived with the appellant even after solemnization

of her marriage. It is also noticed that the application for

restitution of conjugal rights was filed by the appellant almost

after four years from the date of alleged marriage.

Taking into consideration the above facts and circumstances

of the case, we don't find any ground for interference in this case.

Hence, this appeal is dismissed.

(YOGENDRA KUMAR PUROHIT),J (VIJAY BISHNOI),J

27-Arti/-

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