NARMADA GUPTA Vs. MANOJ GUPTA

JUDGEMENT

(1.) Heard.

(2.) This appeal is under Sec. 19 (1) of the Family Courts Act, 1984 is preferred by appellant-wife against the judgment and decree dtd. 11/1/2018 passed in Civil Suit No.20-A/2017 by which learned Judge, Family Court Jashpur, District Jashpur (CG) allowed petition filed by respondent husband under Sec. 13 (1-A) of the Hindu Marriage Act, 1955 (for short 'the Act of 1955') for dissolution of his marriage with respondent wife by way of a decree of divorce.

(3.) Brief facts of the case, as pleaded by husband before the Court below, are that the marriage between appellant and respondent was solemnized on 6/12/2001 as per social customs and out of their wedlock, two sons were born. Since 2008, wife is living separately in her matrimonial home without any sufficient cause. The husband filed petition for divorce, in which wife appeared and at the stage of recording of evidence, she filed an application for stay of proceedings. When she did not appear and adduce any evidence, ex-parte proceeding was drawn against wife on 6/1/2015 and thereafter ex-parte order was passed on 29/1/2015. Subsequently on 18/7/2017 said ex-parte order was set aside. Before filing divorce petition, husband filed an application under Sec. 9 of the Act of 1955 for restitution of conjugal rights, which was decreed in favour of husband and wife was directed to resume cohabitation with husband, but the wife did not join the company of her husband and eventually the execution proceeding for restitution of conjugal rights was also dismissed due to non-cooperation of wife, and the wife is living separately from the husband, therefore, he is entitled for decree of divorce.