K. JAYANTHI Vs. B. NAGARAJ

JUDGEMENT

(1.) This appeal is by the wife calling in question the judgement and decree dated 9th April 2012 in MC No. 47 of 2011 on the file of the Family Court at Shivamoga (for short, 'the family Court'). This petition in MC No. 47 of 2011 is filed by the respondent-husband under the provisions of section 13(1 A)(ii) of the Hindu Marriage Act, 1955 for dissolution of the marriage. The petition is allowed, and the marriage is dissolved. Therefore, the wife has filed this appeal.

(2.) The marriage between the parties is solemnized on 2nd March 1994. A girl child is born to them on 3rd March 1995. The husband filed a petition for dissolution of the marriage in MC No.29 of 1996, and the wife requited by filing a petition for restitution of conjugal rights in MC No.39/1996. These two petitions were taken up for common disposal, and by the common judgement dated 6th January 2005, the Family Court Shivamoga dismissed the husband's petition for dissolution of marriage and allowed the wife's petition for restitution of conjugal rights. The husband called in question the common judgement dated 6th January 2005 both as regards the dismissal of his petition for divorce and the grant of restitution of conjugal rights to the appellant. A co-ordinate bench of this Court dismissed both the appeals on 1st June 2009. It is after the dismissal of the appeals, the husband filed the present petition in MC No. 47 of 2011 for dissolution of marriage under the provisions of section 13(1-A)(ii) of the Hindu Marriage Act 1955 (for short, 'H M Act').

(3.) The husband, in support of his plea for divorce in the present petition, contended that cohabitation is not resumed despite the fact that it was more than a year after the judgment of this Court on 1st June 2009, confirming the decree for restitution of conjugal rights granted by the Family Court Shivamoga. The wife, who obtained the decree for restitution of conjugal rights, has not made any effort to commence matrimonial life. The couple are separated for over 16 years, and the marriage between them is irretrievably broken down. There is no possibility of a reunion. The wife has not only caused mental distress and agony to the him, she has also hurt him physically. He is entitled for divorce on the ground that there has been no restitution of conjugal rights for over a period of one year from 1st June 2009, the date of dismissal of appeal confirming the grant of conjugal rights at the instance of the wife in MC No. 39 of 1996.