PUSHPA Vs. DAMODAR

JUDGEMENT

(1.) This petition is directed against order dated 1.12.14 passed by the Family Court, Rajsamand whereby an application preferred by the petitioner under Sec. 11 of the Code of Civil Procedure ("CPC") for rejection of the petition preferred by the respondent No.1 seeking dissolution of marriage, stands rejected.

(2.) The relevant facts are that the respondent No.1 filed a petition seeking divorce under Sec. 13 of the Hindu Marriage Act, 1955 {for short "the Act"} on the ground of cruelty. The petitioner herein filed an application under Sec. 9 of the Act seeking decree for restitution of conjugal rights. The petition preferred by the respondent No.1 seeking divorce on the ground of cruelty was dismissed by the Family Court, Rajsamand vide judgment and order dated 10.5.12, however, the application preferred by the petitioner for restitution of conjugal rights was allowed.

(3.) Since, there has been no restitution of conjugal rights between the parties to the marriage for a period of more than one year after passing of the decree for restitution of conjugal rights as aforesaid, the respondent No.1 filed a petition seeking dissolution of marriage in terms of the provisions of Sec. 13 (1A) (ii) of the Act. The petitioner filed an application under Sec. 11 of the Code of Civil Procedure seeking rejection of the divorce petition on the ground that the petition filed is barred by the principle of res -judicata. The application stands rejected by the Family Court by the order impugned. Hence this petition.