POONAM Vs. VINAY KUMAR SINGH

JUDGEMENT

(1.) Heard learned counsel for the appellant and perused the record.

(2.) Present appeal has been filed under Sec. 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act'), arising from the judgement and order dtd. 18/12/2008 passed by learned District Judge, Jalun at Orai, in Marriage Petition No. 96 of 2007 (Vinay Kumar Singh v. Smt. Poonam), whereby the learned trial court had dissolved the marriage between the parties under Sec. 13(1A)(i) of the Act.

(3.) The undisputed facts of the case are, the marriage between the appellant and the respondent was solemnised on 8/12/2001. According to the respondent, the appellant deserted the company of the respondent on 18/6/2002. Since the appellant did not revive her matrimonial relationship with the respondent, he first instituted proceeding under Sec. 9 of the Act in Case No. 27 of 2004 seeking restitution of his conjugal rights. That proceeding was resisted by the respondent. She filed a Written Statement and raised counter claim. Through that she claimed relief of decree of judicial separation. It is a fact, on 11/5/2006, the proceeding in Case No. 27 of 2004 instituted by the respondent, under Sec. 9 of the Act, was dismissed. At the same time, the decree of judicial separation prayed for by the appellant under Sec. 10 of the Act, was granted in favour of the appellant.