RAKHI NAUTIYAL Vs. MOHIT NAUTIYAL

JUDGEMENT

(1.) THIS is wife's appeal against the judgment and decree dated 2.4.2004 passed by the Additional District Judge, Panchkula, vide which the husband's petition for divorce under Section 13 of Hindu Marriage Act, 1955, hereinafter referred to as 'the Act', has been accepted.

(2.) ON a petition filed by the wife under Section 9 of the Act, a decree for restitution of conjugal rights was passed by the Additional Civil Judge (Senior Division), Chandigarh on 20.12.2000. In the said petition, the husband put in appearance and filed written statement. However, he absented himself from the proceedings and was proceeded against ex parte. The wife made numerous efforts to join the matrimonial home and requested the husband to rehabilitate her, however, all her efforts failed. An execution petition was also filed by the wife, which is still pending adjudication and is fixed for 11.10.2006. On 21.8.1996, the husband also filed a petition under Section 13 of the Act for dissolution of the marriage, at Dehradun, which was transferred to Chandigarh by the order of Supreme Court. During the pendency of the said petition, the trial Court awarded maintenance pendente lite at the rate of Rs. 1000/- per month to the wife. However, the entire amount of maintenance was not paid by the husband. Case was adjourned for making the payment on 8.1.2001 to 6.2.2001. On 6.2.2001, case was called several times but none appeared on behalf of the husband and, therefore, the petition was dismissed in default. The maintenance pendente lite awarded by the Court was also not paid by the husband. Thereafter the husband has filed the present petition under Section 13(i)(A)(ii) of the Act for dissolution of marriage on the ground that after the passing of the decree under Section 9 of the Act, the parties could not co-habit and live together, therefore, praying for granting of a decree of divorce on the aforesaid ground.

(3.) THE trial Court after taking into consideration the evidence and facts on record, allowed the petition filed by the husband granting decree of divorce for dissolution of marriage under Section 13(1A)(ii) of the Act. Aggrieved by the said judgment and decree of the trial Court dated 2.4.2004, the wife has come up in the present appeal.