CHANDAN KANWAR Vs. BALWANT SINGH

JUDGEMENT

(1.) Instant misc. appeal has been filed by the appellant wife u/S.19 of the Family Courts Act, 1984 assailing order dt.4.6.2014 passed by the Ld. Family Court dismissing her application for recalling the judgment & decree dt.18.11.2013 granting decree of divorce u/S.13B of the Hindu Marriage Act, 1955.

(2.) Appellant wife and respondent husband got married on 10.2.2012 as per Hindu rites & ceremonies and there is no issue from this wedlock. The parties after marriage could not live together for multi-fold reasons. At one point of time, the husband served legal notice through his counsel dt.21.12.2012 asking wife either to restore his restitution of conjugal rights or legal action may be taken against her available under the law. At the same time, the appellant wife also lodged FIR-44/2013 at PS Mahila Thana (West), Jaipur 44/2013 on 11.2.2013 for the offences u//Ss.498A, 406, 303 IPC but on compromise arrived at between the parties FR was submitted on 20.3.2013.

(3.) Thereafter, both the parties appeared and joint application u/S.13B of the Act duly signed by them was presented along with their affidavits annexed thereto before the Family Court No.1, Jaipur Metro, which came to be registered on 8.5.2013 and the Ld. Family Court after recording satisfaction that conciliation is not possible posted the matter to be listed after six months on 14.11.2013 which is the statutory requirement under the Act.