SANTOSH GIRI Vs. RAVINDRA GIRI

JUDGEMENT

(1.) This appeal, preferred under Section 19 of Family Courts Act, 1984, read with Section 28 of Hindu Marriage Act, 1955, is directed against judgment and order dated 1.8.2009, passed by Additional Judge, Family Court, Roorkee, Haridwar, in suit No. 66 of 2007, whereby said Court has allowed the petition under Section 13 of Hindu Marriage Act, 1955, filed by the Respondent Ravindra Giri (husband).

(2.) Heard learned Counsel for the parties and perused the lower Court record.

(3.) Brief facts of the case are that, Respondent Ravindra Giri (husband). petition under Section 13 of Hindu Marriage Act, 1955, for a decree of divorce stating that he got married to Appellant Santosh Giri in the month of November, 1989. Two sons namely Vineet Giri and Amit Giri born out of the wedlock. It is alleged by the Petitioner/Respondent (Ravindra Giri) that the Appellant (Santosh Giri) left his house on 26.10.1998, and did not join the company of her husband. It is pleaded that the Appellant withdrew from the society of the Respondent (husband) without any valid reason. It is further pleaded that the Respondent Ravindra Giri instituted suit No. 279 of 2001, for a decree of restitution of conjugal rights which was decreed by the Trial Court on 13.12.2001. It is alleged that the wife filed a case before the Court at Aligarh for maintenance. She also got instituted a criminal case under Section 498A, IPC, at said place (Aligarh). It is pleaded that the decree of restitution of conjugal rights had attained finality, and the Petitioner is entitled to the decree of divorce.