SANJEEV PARASHAR Vs. MITHLESH KUMARI

JUDGEMENT

(1.) These two appeals have been filed against the common judgment dt.6.10.2009 passed in Case No. 98A/2006 HMA.

(2.) Appellant-Husband filed an application for divorce and respondent-wife filed an application for restitution of conjugal rights. The family court consolidated both the proceedings and vide impugned judgment rejected the application filed by the husband for divorce and allowed the application for restitution of conjugal rights filed by the wife.

(3.) It is an admitted fact that earlier husband filed a divorce petition, which was dismissed by the trial court vide judgment and decree dt.5.1.2001. Against the aforesaid decree, an appeal was filed before the High Court, which was registered as F.A.No.143/2001. High Court dismissed the appeal vide judgment dt.20.2.2003. Thereafter, the husband filed second petition for divorce under Section 13 of Hindu Marriage Act. He pleaded that he married with wife Smt.Mithlesh Kumari on 10.12.1994. Wife came to his house on 11.12.1994. Thereafter, when they went for Puja, during that time, she told him that she had received information that he had already married to another person and he had a child. A welcome function was organized on 11.12.1994. Wife refused to participate in the aforesaid function, later on, she participated in the function and thereafter she left the house of the husband and went to the house of her father and mother. Thereafter, she did not return to the house and there was no cohabitation between them. She practiced cruelty with the family members. It was further pleaded that the plaintiff husband was willing to return belongings, which were received by him in the marriage. It was pleaded that wife deserted the husband.