RAVINDRA MARUTRAO SHELAR Vs. KALPANA RAVINDRA SHELAR

JUDGEMENT

(1.) HEARD Mr. Joshi for the appellant and Mr. Kshirsagar for the respondent. We would like to record that before proceeding to hear the appeal finally, we tried to see if the matter could be settled amicably, but our efforts failed.

(2.) THIS appeal seeks to challenge the judgment and order dated 22nd April, 1996 passed by the First Family Court, Pune dismissing the petition No. A-772/1993 filed by the appellant.

(3.) THE appellant and the respondent were married on 17th December, 1987. In the year 1990, the appellant filed Petition No. 136 of 1990 in Fourth Family Court, Pune for divorce to which a counter claim for restitution of conjugal rights was filed by the respondent herein. The Family Court dismissed the said petition filed by the appellant and decreed the one filed by the respondent wife. Thereafter the appellant has proceeded to file petition No. A-772/1993 seeking divorce under section 13 (1-A) (ii) of the Hindu Marriage Act, 1955 which provides that either party of the marriage may present a petition for the dissolution of the marriage by a decree of divorce on the ground that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upward after the passing of a decree for restitution of conjugal rights.