DIPIKA SHUKLA Vs. ASHISH SHUKLA

JUDGEMENT

(1.) This appeal has been preferred by Smt. Dipika Shukla, who was the non-applicant before the trial court, under section 19 of the Family Court against the judgment dated 3.5.2016 passed by Second Additional Principal Judge of the Family Court, Jabalpur in Civil Suit No.259-A/2015. By the impugned order, the lower Court granted the divorce under sections 13(1)(i-a) (i-b) and section 13(1) (1A) of Hindu Marriage Act.

(2.) Husband Ashish Shukla/respondent herein filed the petition before the Family Court under sections 13(1)(i-a)(i-b) and section 13(1) (1A) of Hindu Marriage Act on 18.6.2013. Wife filed her written statement on 4.4.2004. It is an admitted fact that the appellant and the respondent are husband and wife. Their marriage was solemnized on 6.2.2006. Out of their wedlock, one son named Vinayak was born on 28.3.2007. It is also an admitted fact that the appellant/wife left the house of respondent/husband on 1.6.2008 with son named Vinayak and she is residing at Jabalpur while the respondent is residing at Bhopal.

(3.) It appears from the record that the husband/respondent filed an application under section 9 of the Hindu Marriage Act on 15.11.2010 before the Family Court, which was registered as Case No.128-A/2011. As per Para 6 of the judgment, the wife was not appeared on 27.3.2012 when the case was fixed for evidence of applicant/husband, therefore, the Court closed the case and passed the ex parte judgment and decree against the wife on 11.5.2012. The wife/appellant filed Appeal No.605/2012 against the aforesaid judgment dated 11.5.2012 directing restitution of conjugal right.