N. RAJENDRAN Vs. S. VALLI

JUDGEMENT

(1.) By the impugned judgment, the High Court has reversed the decree of dissolution of the marriage between the appellant and the respondent which is passed under Section 13 (1) (ia) of the Hindu Marriage Act, 1955.

(2.) We have heard Mr. K.S Mahadevan, learned counsel for the appellant and Mr. Gautam Narayan, learned counsel for the respondent.

(3.) The appellant and the respondent were married as per the Hindu rites and customs on 29.08.1999. According to the appellant, there were certain differences between his sister and the respondent's brother, who were married to each other, which led to the appellant's sister returning to her parental house. Further, the case of the appellant is that the respondent left the appellant on 18.01.2000 and returned to her parental home. She did not return home. She stood accused of cruelty and accordingly, the divorce petition was filed on 05.03.2001 seeking dissolution. The Family Court allowed the petition by its decree dated 23.07.2004. An appeal was carried by the respondent before the Madras High Court under Section 19 of the Family Courts Act, 1984 and it was filed on 09.09.2004. According to the appellant, since the period for filing an appeal by the respondent had expired, he re-married on 31.10.2004 on the strength of the decree of dissolution dated 23.07.2004. He was served with the notice in the matter in May, 2005. Respondent, in fact, filed a petition seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act on 27.12.2004 and the same is still pending.