[2025:RJ-JP:49217-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Miscellaneous Appeal No. 3444/2008 Ram Dayal S/o Sawal Das, R/o Shyo Singh (Keryan), P.S. Niwai, Distt. Tonk (Raj). ----Appellant Versus Smt Kanta W/o Ram Dayal, D/o Gopal Das, Swami, R/o Village- Anwerpura Khera, P.S. Baroni, Pipula, Dist. Tonk (Raj.). ----Respondent For Appellant(s) : None present For Respondent(s) : None present HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE RAVI CHIRANIA Order 03/12/2025 1. On 01.12.2025, this Court passed the following order:- “None present on behalf of the appellant. However, in the interest of justice, list this matter again on 03.12.2025.” 2. Today, also none appears on behalf of the appellant to argue the matter. 3. This appeal under Section 19 of the Family Courts Act, 1984 has been filed by the appellant (hereinafter to be referred as “husband”) against the judgment and decree dated 23.05.2008 passed by the learned District Judge, Tonk (hereinafter to be referred as ‘the learned Family Court”), whereby the learned Family Court dismissed the application under Section 9 of the Hindu Marriage Act, 1955 (hereinafter to be referred as ‘Act of 1955’) filed on behalf of the husband. 4. Brief facts of the case are that the husband filed an application under Section 9 of the Act of 1955 against the respondent (hereinafter to be referred as “wife”) before the learned Family Court stating therein that the marriage between the husband and the wife was solemnized in [2025:RJ-JP:49217-DB] (2 of 2) [CMA-3444/2008] the year 2003 as per Hindu Customary Rituals and they lived together till 2006 and without any justifiable reasons, the wife started living separately. It was further stated in the application that the wife denied the co-habitation and lastly, prayed for allowing the application. 5. The wife submitted reply to the said application before the learned Family Court and denied all the allegations levelled by the husband and she stated in the reply that the husband refused to co-habitation for last about three years and also demanded the dowry, on account which, she started living separately. Lastly, prayed for dismissal of the application. 6. The learned Family Court after framing the issues and recording the evidence of the parties dismissed the application under Section 9 of the Act, of 1955 filed on behalf of the husband vide its order dated 23.05.2008. The learned Family Court in its order dated 23.05.2008 has recorded that the wife filed an application No.82/2007 under Section 13 of the Hindu Marriage Act, 1955 seeking decree of divorce, in which, divorce was granted. 7. Since, the application filed on behalf the wife under Section 13 of the Act of 1955 has already been allowed by the learned Family Court, therefore, in our considered view, no illegality has been committed by the learned Family Court in dismissing the application filed by the husband under Section 9 of the Act of 1955. 8. Hence, the present appeal stands dismissed. All the pending application(s), if any, also stands dismissed. (RAVI CHIRANIA),J (INDERJEET SINGH),J Upendra Pratap Singh /128