RAM AVTAR BAIRWA Vs. SUNITA DEVI @ SANTRA

JUDGEMENT

(1.) The present appeal has been filed under Section 19 of the Family Courts Act, 1984 against the judgment dated 07.04.2018 passed by the Family Court by which the petition filed by the appellant/husband seeking divorce under Section 13(1)(i) and (ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'HMA') was dismissed.

(2.) The necessary facts to be noticed for the disposal of the present appeal are that the marriage between the parties was solemnized on 30.10.1990, at Rajasthan, as per Hindu rites and ceremonies. Two daughters were born from the said wedlock, who are staying with their mother/respondent herein after separation. As per the divorce petition filed by the appellant/husband, the parties are living separately since 01.06.2001. As per the cross-examination of respondent/wife, she is staying separately since 2002. A petition under Section 9 of HMA was filed by the appellant/husband on 24.09.2001. Subsequently, another petition under Section 9 of HMA was filed by the respondent/wife on 25.09.2001. A settlement was arrived between the parties whereby appellant/husband agreed to pay a sum of Rs.5,000/- per month to the respondent/wife and she was to join back the matrimonial home, however, she did not join the company of the appellant/husband. Consequently, the said petition filed by the appellant/husband under Section 9 was withdrawn by him on 09.10.2006.

(3.) A petition seeking divorce under Section 13(1)(ia) of HMA was filed by the appellant/husband on 20.10.2006. Ground of adultery was subsequently raised by the appellant/husband which was permitted to be raised by the Family Court vide order dated 05.02.2009.