RAVI KUMAR T. Vs. SAROJA M.

JUDGEMENT

(1.) This appeal is filed invoking Sec. 19(1) of the Family Courts Act, 1984 impugning the judgment and decree passed in M.C.No.3549/2010 on the file of the II Additional Principal Judge, Family Court, Bengaluru.

(2.) The said petition filed by the petitioner seeking dissolution of marriage on the ground of cruelty and mental disorder of the wife is dismissed. In terms of the said judgment and decree, a counter claim filed by the wife seeking restitution of conjugal rights is allowed.

(3.) The husband is challenging the aforementioned judgment and decree before this Court. Learned counsel appearing for the husband submits that the operative part of the judgment granting restitution of conjugal rights in favour of the wife is not stayed by this Court. He further submitted that the wife has not filed any petition to execute the aforementioned decree for restitution of conjugal rights and there is no cohabitation or resumtion of conjugal relationship between the parties subsequent to the judgment and decree for restitution of conjugal rights for a period of more than one year. Thus, he further submits that there is an additional ground for the appellant to seek dissolution of marriage under Sec. 13(1)(A) of Hindu Marriage Act, 1955 and submits that the appellant will pursue that ground available under Sec. 13(1)(A) of the Act. He submits that he will not press this appeal and seeks the liberty to file a petition under Sec. 13(1)(a) of the Act.