SANDEEP KUMAR MISHRA Vs. NIKKY @ RITU MISHRA

JUDGEMENT

(1.) Challenge in this appeal is levied to the judgment and decree dated 25-6-2016 of the Judge, Family Court, Kabirdham(Kawardha), Chhattisgarh in Civil Case No. 10A/2015 whereby and whereunder he dismissed the petition filed by the appellant under Section 13 of the Hindu Marriage Act of 1955 (in brevity 'Act of 1955') for dissolution of marriage somemnized between him and the respondent under the Act of 1955.

(2.) This is admitted by the respondent that the name, address and other particulars of both the parties shown in the title of the petition are true; both the parties are Hindu Brahmin by caste and governed by the Banaras School of Mitakshara Shakha; marriage of both the parties was solemnized on 18-6-2006 at Bemetara in accordance with the Hindu customary rights and rituals; in the wedlock one male child namely Kunal Mishra was born 9-8-2007 who is living with her, now she is living in her matrimonial house at Bemetara.

(3.) In brief, case of the appellant is that the respondent was subjecting him to cruelty. She left his house on 21-11-2012. On 19-12-2013, he filed an application under Section 9 of the Act of 1955 before the Judge, Family Court at Kawardha which was registered as Civil Suit No. 64-A/2013 wherein the Family Court passed the judgment and decree on 20-3-2014 for restitution of conjugal rights against the respondent. More than one year has passed from the aforesaid judgment and decree and there is no restitution of conjugal rights between them.