Hindu Marriage Act, 1955
Sections 9 & 13—Dismissal of suit filed by appellant-husband for restitution of conjugal rights and suit filed by respondent-wife for divorce was decreed by common judgment and decree—Appeal—Despite passing of restrained orders appellant used to treat respondent with cruelty and had also filed false cases against son—He has also filed an application under Guardian and Wards Act to take custody of minor child of respondent—Only intention of appellant is to secure compromise in pending police compliant cases—Respondent had compromised criminal cases against appellant as he has filed FIR against elder son—Respondent compromised the case to save future of minor child—Number of complaints at police station have been filed—Order passed under Domestic Violence Act is available on record and appeal filed against restrained orders has also been dismissed by Appellate Court—Appellant has only superficially stated that respondent is treating appellant with cruelty but on going through the material available on record, it is clear that it was appellant, who was treating respondent with cruelty—No error has been committed by the trial Court in passing decree of divorce and dismissing petition filed by appellant under Section 9 of the Hindu Marriage Act—Appeal dismissed.
[Para 8]
Decision Appeal dismissed