USHA DEVI Vs. NAGENDRA SAH

JUDGEMENT

(1.) Heard Mr. R Ali, learned counsel for the appellant.

(2.) The appellant wife is before this Court assailing the judgment dated 11.1.2017 passed by the learned Court below in T.S. (D) No.12/2010. By the said judgment, the learned Court below has accepted the petition filed by the respondent herein i.e. the husband under Section 13(1)(ib) of the Hindu Marriage Act, 1955 and has accordingly dissolved the marriage between the parties. The appellant, therefore, claiming to be aggrieved is before this Court in this appeal.

(3.) The brief facts are that the marriage between the parties was solemnized on 10.7.96 at Panapur, Bihar as per the Hindu rites. Thereafter, they have led their marital life and have a son, namely, Master Suraj Kumar @ Mohit. When this was the position, the respondent herein instituted T.S.(D) No. 12/2010 under Section 13(1)(ib) of the Hindu Marriage Act alleging that the appellant herein had suddenly left the house of the respondent on 10.8.97. In that light, it was contended that the appellant herein had deserted the respondent by abandoning the marital home and in that light the respondent had sought for dissolution of the marriage. The appellant herein had filed her written statement in the said proceedings and had disputed the claim as put forth by the respondent herein. Among others, it was contended by the appellant that the respondent at an earlier point of time had in fact filed T.S.(D) No.1/2005 under Section 13(1)(ib) of the Hindu Marriage Act, 1955 on the very ground of desertion and had alleged that the appellant herein had deserted him on 20.12.2004. It was further contended that the said proceedings had concluded on contest and the petition filed by the respondent herein had been dismissed. It is in that view, contended that the subsequent suit for the same relief was not maintainable and further that keeping in view the nature of the contentions urged in the earlier proceedings and the basis on which the instant suit is filed as also the date of desertion as indicated, the suit is not sustainable.