Smt. Kavita Soni v. Ajay Soni

IN THE HIGH COURT OF JUDICATURE AT BILASPUR

CHHATTISGARH §§§w§$mn 33mg FirstA eal M No.

O3 12014 APPELEANT VSmt. Kavita Soni W/o Ajay Soni aged (APPLICANT about 35 years, R/o Fauvara Chowk, @\'WW":

W Near Sadar Line, Dongargano, Distt.

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Rajnandgaon (CG).

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VERSUS

".&y .ESPONDENT yAjé/y Soni S/o K. P. Soni aged about KN'é/N-APPLICANT 37 years R/o Jayanti Nagar, Street No. 9, Near Sai Kirana, Durg (CG).

APPEAL UIS OF FAMILY COURT ACT READ WITH SECTION 96 OF CIVIL PROCEDURE CODE.

¢é HIGH COURT OF CHHATTISGARH AT BILASPUR Coram: Hon'ble Mr.T.P.SHARMA & Hon'ble Mr.C.B.BAJPAI, JJ.

First Appeauyl) No.03 of 2014 APPELLANT Smt.Kavita Soni

Versus

a.

RESPONDENT Ajay Soni (First Appeal under Section 19 of the Family Courts Act, 1984) Mr Nlshant Hota counsel forthe appellant , None present for the respondent although served

ORDER

(Passed onT January, 2015) T.P.Sharma, J.:- 1.

By this appeal under Section 19' of the Family Courts Act, 1984, the appellant has challenged the legality and propriety of the judgment dated 25.10.2013 passed by the Judge, Family Court, Rajnandgaon, in Civil Suit No.63-A/2012, whereby the Family Court has dismissed the suit for restitution of conjugal rights filed on behalf of the appellant. _ 2.

Heard learned counsel for the appellant, perused the record and judgment impugned.

3.

At the outset, as per finding of the Family Court, previously the appellant has filed an application under Section 9 of the Hindu Marriage Act, which r she has withdrawn, thereafter she has lodged the report against the respondent under Section 498A of the IPC, which 'is still pending for consideration.

4.

Considering the aforesaid facts and circumstances, the Family Court has arrived at a finding that restitution of conjugal rights in the present case would not be possible.

5.

On perusal of the record of the Family Court and finding, we do not find any disagreement from the judgment impugned.

6.

Consequently, the appeal being devoid of merit is liable to be and is / hereby dismls d No order as tg/cgs'ts/ dl SdlChandra Bhushan Bajpai 1 P Sharma J dge i l l Judge l \ _ or