X Vs. Y

JUDGEMENT

(1.) This is an unfortunate case in which the appellanthusband and respondent­wife, notwithstanding continuous separation at least from 2008, have not been able to settle their matrimonial dispute. For the sake of privacy, we have masked their names.

(2.) The marriage between the parties was solemnised on 25/3/1999. Two children were born from the marriage. Both of them are adults. The matrimonial dispute led to multiple litigations. The matrimonial discord started in 2006, which led to the appellant filing a petition under Sec. 9 of the Hindu Marriage Act, 1955 (for short, 'HM Act ') for restitution of conjugal rights. The petition was filed on 17/12/2008. By the judgment and decree dtd. 15/5/2013, the learned Additional Civil Judge (Sr.Division), Barnala, passed a decree of restitution of conjugal rights under which the respondent was directed to join the appellant's company within three months. According to the case of the appellant, as the respondent did not abide by the decree for restitution of conjugal rights, on 23/8/2013, the appellant filed a petition under Sec. 13 of the HM Act before the Family Court at Barnala seeking a decree of divorce on the grounds of cruelty and desertion. Being aggrieved by the decree for restitution of conjugal rights, in the year 2013 itself, the respondent preferred an appeal before the High Court of Punjab and Haryana. The appeal was dismissed by the judgment dtd. 19/2/2015, and the decree for restitution of conjugal rights was confirmed.

(3.) On 1/8/2016, the learned Judge of the Family Court at Barnala allowed the divorce petition filed by the appellant and dissolved the marriage between the appellant and respondent. The respondent challenged the divorce decree by preferring an appeal before the Punjab and Haryana High Court. By the impugned judgment dtd. 4/10/2019, the High Court has set aside the divorce decree.