MOHINI Vs. ASHOK KUMAR BHAMBHANI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 1. 4. 2003, passed by Judge, Family Court No. 1, Jaipur, in a petition under Section 13 of the Hindu Marriage Act whereby the petition of the respondent was allowed and a decree of divorce was granted and the marriage was dissolved between the parties.

(2.) BRIEF facts for the disposal of this appeal was that the respondent had filed an application under Section 13 of the Hindu Marriage Act alleging therein that he was married with the appellant on 1. 11. 1985 according to the Hindu Rites at Jaipur. He has alleged that the appellant left the matrimonial house on 22. 1. 1986 and went to his parents house without any intimation and reason and thereby deserted the respondent. It has also been averred that on 8. 12. 1986, he had filed a petition for divorce but the same was disallowed vide order dated 23. 10. 1990. Against the said judgment the respondent had gone in appeal and during the hearing of the said appeal the parties entered into a compromise on 13. 7. 2001 and the appeal was disposed of in view of the compromise. It is further alleged that inspite of the aforesaid compromise the appellant wife refused to go with the respondent. A notice was served upon the appellant through advocate of the respondent asking the appellant to return to the respondent but the notice was not received, therefore, the respondent had to file the petition for divorce on the ground that the appellant failed to comply with the order dated 13. 7. 2001 of restitution of conjugal rights.

(3.) WE have also heard both the parties on the point of permanent alimony and in the facts and circumstances of the case, we deem it proper to award a sum of Rs. one lac by way of permanent alimony to the appellant wife under Section 25 of the Hindu Marriage Act.