KUMARI REKHA Vs. SHAMBHU SARAN PASWAN

JUDGEMENT

(1.) This appeal registers a challenge to the judgment and decree dated 4 th June, 2020 of the High Court of Judicature at Patna(High Court) in Miscellaneous Appeal No. 501 of 2013. Under challenge before the High Court were (i) judgment and decree dtd. 4/6/2013 of the Principal Judge, Family Court, Munger, Bihar, dismissing a petition(Title Suit (Matrimonial) No. 1 of 2009) under Sec. 13 of the Hindu Marriage Act, 1955 presented by the appellant-wife and (ii) the judgment and decree dtd. 11/6/2013 allowing a petition under sec. 9 of the said Act of the respondent-husband. The High Court dismissed the appeal and, thereby, upheld the impugned judgment and decree of the Family Court.

(2.) The marriage between the appellant-wife and the respondent-husband was solemnized on 24/4/1999. They were blessed with a daughter on 7/6/2001. It is not in dispute that the parties have been living separately for quite some time. According to the appellant-wife, they have been living separately since 2008 while the respondent-husband claims that the separation is since 2012. Be that as it may, admittedly, they have been living separately for at least a little in excess of 12 (twelve) years.

(3.) Having perused the materials on record and considering the factual situation of separation in excess of 12 (twelve) years, we had put it across to learned senior counsel for the parties as to whether any reunion by way of reconciliation is possible.