DULESHWAR PRASAD DESHMUKH Vs. KIRTILATA DESHMUKH

JUDGEMENT

(1.) Heard. Present appeal is against the judgement and decree dtd. 13/05/2016 passed by the learned family court in Civil Suit No.218-A/14 whereby an application filed by the husband seeking divorce was dismissed.

(2.) Brief facts of this case are that the parties were married on 15/05/1982. A dispute arose in between the parties in 1990 and eventually a deed of divorce as per the custom was executed on 28/01/1994. It is further case of the appellant that since such customary divorce was not recognized by the employer i.e. wherein both the appellant and the respondent were working, as such the husband filed an application under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act of 1955') on 14/11/1995. The respondent/wife remained ex-parte and an ex-parte decree of divorce was passed on 20/03/1996. Subsequently, the appellant performed second marriage on 2/7/2001 and thereafter an application was filed under Order 9 Rule 13 of CPC to set aside the earlier ex-parte decree dtd. 20/03/1996.

(3.) The learned family court set aside the ex-parte decree on 15/03/2003. Thereafter, the initial suit continued and eventually it was dismissed by the impugned order dtd. 13/05/2016. It is further case of the appellant/husband that the wife filed a civil suit No.3-A/2018 for declaration with a prayer that the customary divorce which was obtained on 28/01/1994 is bad in law and would not be operative, the suit was eventually dismissed and however the wife succeeded in the appeal by judgement dtd. 26/11/2019. In such judgement the appellate court observed that since the appeal pertaining to same issue is pending before the High Court any finding given by the High Court would prevail over the finding of the appellate court.