ANANT KUMAR Vs. SANTOSHI DEVI

JUDGEMENT

(1.) Heard Sri Shri Prakash Dwivedi, learned counsel for the appellant and Sri Anil Kumar Mishra, learned counsel for respondent.

(2.) Present appeal has been filed under Sec. 19 of the Family Courts, 1984 Act against the order dtd. 12/4/2019 passed by learned Principal Judge, Family Court, Sonbhadra in Original Suit No. 274 of 2018 (Anant Kumar Vs. Santoshi Devi). By that ex-parte order, the learned court below has dismissed the divorce case proceedings instituted by the present appellant under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act')

(3.) Having heard learned counsel for the parties and having perused the record, it is undisputed between the parties that earlier the appellant had instituted proceeding under Sec. 9 of the Act seeking restitution of the conjugal rights. That case proceeding no. 13 of 2016 was decreed in favour of the appellant on 11/4/2018. Perusal of the plaint in Case No. 274 of 2018 reveals that the same was instituted in July, 2018 itself i.e. within four months of grant of decree of restitution of conjugal rights.