DILIPRAJ Vs. REKHA

JUDGEMENT

(1.) The marriage of the appellant/husband and respondent/wife was solemnized at Mandsaur under the Hindu customs and rituals on 28/4/1990. According to the appellant/husband, after one year of the marriage, the respondent/wife left his house on 31/5/1991 thereafter he made various efforts to bring her back but she did not return to his house. The appellant filed a First application for dissolution of marriage before the Civil Court on 23/6/1992 which was registered as HMA No. 58-A/1992. Simultaneously, the respondent/wife has also filed an application under Sec. 9 of the Hindu Marriage Act, 1955 (HMA No. 45-A/1992) for Restitution of Conjugal Rights on 1/5/1992. On 22/9/1993, the appellant/husband withdrew his application filed for dissolution of marriage (HMA No.58-A/1992).

(2.) The appellant/husband filed a second application for dissolution of marriage which was registered as case No.28-A/1993. Both the cases i.e. 45-A/1992 and 28-A/1993 were decided by the learned Additional District Judge vide order dtd. 5/4/1995. The second application filed by the appellant/husband for dissolution of marriage was dismissed and the application filed under Sec. 9 for Restitution of Conjugal Right Act filed by the wife was allowed, against which no appeal was filed till date.

(3.) On 3/7/1996 the appellant/husband filed a third application for dissolution of marriage which was registered as HMA No. 89- A/1998. First Additional District Judge, Ratlam granted the decree of dissolution of marriage vide judgment and decree dtd. 2/4/1998 with the permanent alimony at the rate of Rs.1,200.00 per month.