RAJEEV JAIN Vs. ARCHANA JAIN

JUDGEMENT

(1.) FIRST Appeal No.121/2009 under section 28 of the Hindu Marriage Act is directed against the judgment and decree dated 18/03/2009 passed by First Additional District Judge, Vidisha in case No. 15A/2007/HMA, plaintiff/husband's suit for divorce filed after 03 years of decree of judicial separation passed on 29/11/2003 and affirmed by this Court on 25/08/2006, has been filed on the ground that there was no cohabitation between the two for the last 03 years, under section 13(1A)(i) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act').

(2.) FACTS necessary for disposal of these two appeals are to the effect that marriage between the plaintiff (hereinafter referred to as 'the husband') and the defendant (hereinafter referred to as 'the wife') was solemnized on 08/05/1997 as per Hindu rites and rituals at Bina, District Sagar. Undisputedly, husband had filed the suit for divorce on the grounds of cruelty and desertion on 22/04/2001 against wife at Vidisa. The same was decided on merits. At the same time, the wife also filed a suit for restoration of conjugal rights under section 9 of the Act. Trial Court passed the judgment and decree dated 29/11/2003 under section 10 of the Act granting judicial separation to them. However, the trial Court rejected the prayer of the husband for divorce and also rejected the prayer of the wife for restitution of conjugal rights. This Court vide common judgment dated 25/08/2006 had affirmed the judgment and decree passed by the trial Court.

(3.) THE wife has also filed an application under section 9 of the Act for restitution of conjugal rights.