VIJAY DOMLE Vs. NAVNEETA DOMLE

JUDGEMENT

(1.) THE appellant/non-applicant has preferred this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 18-5-2001 passed in Civil Suit No. 346-A/99 by IV th Additional District Judge, Jabalpur wherein the marriage between the parties is dissolved by decree of divorce under Section 13 (1-A) (ii) of the Hindu Marriage Act (hereinafter referred to as 'the Act' ).

(2.) ADMITTED facts of the case are that the marriage between the appellant and the respondent was solemnised according to Hindu rites and ceremony on 19th November, 1993 and there is no issue from their wedlock. It is also admitted that the appellant is working as Stenographer in LIC divisional Office, Jabalpur and the respondent/applicant is LDC in the High court of Madhya Pradesh, Jabalpur. It is common ground that respondent/applicant filed the Civil Suit No. 18-A/95 before the IV th Additional District judge, Jabalpur for divorce under Section 13 of the Hindu Marriage Act, 1955. That in this suit appellant/non-applicant filed the cross suit for restitution of conjugal rights. That in the said Civil Suit No. 18-A/95 the petition filed by respondent/applicant for divorce was dismissed on 13-11-1997 and the prayer of the appellant/non-applicant for restitution of the conjugal rights was allowed. Thereafter the respondent/wife had filed the First Appeal No. 300/98 for seeking the divorce before the High Court which has been dismissed on 31-8-1999. It is also common ground that the execution was filed by the appellant/husband in pursuance of the decree of restitution of conjugal rights passed on 13-11-97.

(3.) RESPONDENT/wife filed the petition on 21-12-99 in the Court of iv th Additional Judge to the Court of District Judge, Jabalpur alleging that there has been no restitution of the conjugal rights between the parties after passing of the decree of the restitution of the conjugal rights on 13-11-97. That on account of the failure of restitution of conjugal rights between the parties in pursuance of the decree, the marriage between the parties be dissolved by decree of divorce under Section 13 (1-A) (ii) of the Act.