USHA HUKUMSINGH Vs. HUKUMSINGH ARJUN SINGH SHEKHAWAT

JUDGEMENT

(1.) Though the appeal was listed for hearing on the question of admission and consideration of pending applications, but with the consent of the parties the same has been finally heard.

(2.) This appeal has been preferred by the appellant/applicant under Sec. 19 of the Family Courts Act, 1984 being aggrieved by the judgment dtd. 4/7/2017 passed in Hindu Marriage Act Case No. 268-A/2014 by the Principal Judge, Family Court, District Ratlam; whereby an application under Sec. 25 of the Hindu Marriage Act, 1955 preferred by her has been dismissed.

(3.) The facts of the case show that the parties had been married in the year 1980 according to Hindu rites and ceremonies. Thereafter on account of disputes having arisen between them started residing separately. A petition under Sec. 13 of the Act, 1955 filed by the respondent for grant of divorce was decreed ex parte by the Family Court, Jaipur by judgment dtd. 25/8/1993. A petition under Sec. 9 read with Sec. 25 of the Act, 1955 filed by the appellant was allowed by the Ist Additional District Judge, District Ratlam by judgment dtd. 29/1/2004 directing for restitution of conjugal rights of the petitioner and awarding a sum of Rs.700.00 per month to her from the respondent by way of maintenance.