FANENDRA SINGH THAKUR Vs. KANTA BAI

JUDGEMENT

(1.) In this first appeal the challenge levied is to the judgment and decree dated 24.03.2005 passed by the Third Additional District Judge (FTC), Janjgir-Champa in Civil Suit No. 26A/2004 whereby and whereunder he dismissed the appellant's application for dissolution of marriage solemnised under the Hindu Marriage Act, 1955 (hereinafter called as "the Act 1955").

(2.) It is admitted by the respondent that her marriage was solemnized with the appellant on 14-06-1993 in accordance with Hindu rites and rituals in village Jharra. Both the parties are Hindu by religion. Out of their wed-lock a son namely Kailash Singh aged about 5 years was born. She had resided with the appellant till January, 1995. Thereafter, she is living separately from him. At the time of the funeral and 10th day ceremony of her brother Vansh Narayan the family members of the appellant had come in her matrimonial house. He had filed an application of restitution of conjugal rights wherein the Court had passed a decree of restitution of conjugal rights against her. Earlier he had also filed an application for divorce which had been decided by the Court.

(3.) In brief the appellant's case is that the respondent is living separately from him without any just and sufficient cause since 1994. He had tried for bringing her back but she refused to live with him. The decree for the restitution of conjugal rights has been passed on 07.02.2003. thereafter, he again tried her to bring back but she does not want to live with him.