PRIYA AASHISH BODAS Vs. AASHISH RAJIV BODAS

JUDGEMENT

(1.) This is an unfortunate case where despite the parties undergoing mediation innumerable times, the matter was not resolved. Even the co-ordinate Benches of this Court tried to resolve the discord between the parties, but to no avail. The marriage is of 12/12/2013. The parties resided together for a total period of about 12 months and separated since 14/12/2014. Matrimonial proceedings between the parties commenced in the year 2015 before the Family Court, Pune and they continued to meander before reaching this Court by way of this Appeal. In an endeavor to put an end to prolonged agony of the parties and as a penultimate attempt to resolve their disputes, we placed the matter in chambers. We held marathon sessions, to bring the parties to an amicable settlement, but regrettably, we were not able to break the deadlock between the parties. This has brought upon us the duty to decide the fate of the matrimonial tie between the parties. We heard counsels of both the parties. The Appeal is admitted and taken up for final hearing forthwith.

(2.) The Appellant-wife challenges the judgment and order dtd. 28/11/2019 passed by the Family Court No.3, Pune in Petition-A No.1274 of 2016, whereby her Petition filed under Sec. 9 of the Hindu Marriage Act, 1955 ('HMA') for Restitution of conjugal rights was dismissed and the counterclaim of the Respondent-husband for divorce was allowed. Thus, the marriage dtd. 12/12/2013 between the parties stands dissolved by a decree of divorce under Sec. 13(1)(ia) and (ib) of the HMA passed by the Family Court, Pune.

(3.) Facts leading to the present proceeding are that the parties married on 12/12/2013 at Kothrud, Pune as per the rites and ceremonies of Hindu Religion. There is no issue from the said marriage. Due to matrimonial discord between the parties, they separated on 14/12/2014. A petition for mutual divorce was filed under Sec. 13B of the HMA in the Family Court, Pune on 15/4/2015. The petition was withdrawn by the Appellant-wife on 27/7/2015, followed by a police complaint made by her against the Respondent and his family members with the local police station. Thereafter, the Appellant filed a petition for restitution of conjugal rights against the Respondent in the Family Court, Pune. The Respondent filed his written statement-cum-counterclaim for divorce on the grounds of cruelty and desertion. The said petition was decreed, which led the Appellant knocking the doors of this Court.