SANTOSH KUNWAR Vs. RAJ KUMAR

JUDGEMENT

(1.) These two appeals are between the same parties. Appeal No. 787/2003 arises out of civil case no. 178/01, which was decided by the Family Court, Udaipur on 24.9.2003 by which the application for dissolution of marriage filed by respondent Raj Kumar under Sec. 13(1 A) of the Hindu Marriage Act was allowed and decree of dissolution of marriage was passed.

(2.) Appeal No. 788/2003 arises out of civil Misc. Case No. 43/2001, which was decided by the Family Court, Udaipur on 24.9.2003 by which the application filed by appellant Smt. Santosh Kunwar for rescinding the decree passed under Sec. 10 of the Hindu Marriage Act at the instance of i husband for judicial Separation on an application moved under Sec. 13 of the Hindu Marriage Act was dismissed.

(3.) The decree for judicial separation was passed on 6.6.2000 on an application for dissolution of marriage by the husband. The learned Judge, Family Court in its decision on the said application has found that dispute between husband and wife appears to be trivial and instead of dissolving the marriage, the decree for judicial separation was passed with a hope that parties may reconcile in future and marriage may be restored. However, on expiration of two years from the passing of the decree of judicial separation, husband moved an application under Sec. 13(1A) inter alia on the ground that since two years have elapsed after passing of the decree of judicial separation and during this period the parties to the marriage had not resumed cohabitation, a decree of dissolution of marriage was prayed.