LAXMI Vs. ISHWAR MODIYANI

JUDGEMENT

(1.) This appeal u/s. 19 of the Family Court Act, 1984 is directed against the judgment and decree dated 15.9.1993 passed by the learned Judge Family Court, Ajmer, whereby a decree of dissolution of marriage has been passed. The dissolution of marriage is founded on the ground that there has been no restitution of conjugal rights as between the parties to the marriage for a period more than one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties. This ground for dissolution of marriage is available u/s. 13 (1 A) of the Hindu Marriage Act, 1955 (hereinafter referred to as the "Act of 1955").

(2.) In short, the facts of the case are that the parties were married on 19.6.1988 at Ajmer. It appears that they lived as husband and wife for few days i.e. 20 or 25 days and, thereafter, the wife (appellant herein) started to live at Udaipur with her parents. She was employed there as Municipal Clerk. The husband (respondent herein), therefore, filed a petition u/s. 9 of the Act of 1955 for restitution of conjugal rights and a decree was passed on 17.4.1990. Inspite of the decree when the wife did not discharge marital obligation and there was no resumption of marital relation between the parties for a period more than one year, the husband filed the petition for dissolution of marriage. It also appears that before filing the petition for dissolution of marriage, the husband gave a letter to the wife on 16.3.1991 asking her to live with him and discharge marital obligation but, inspite of that she did not come.

(3.) Notice of the petition was given to the wife and on the basis of pleadings of the parties and the learned Judge, Family Court framed following issues on 7.1.1992 :- (i) Whether the non-petitioner (wife) has deserted the petitioner (husband) since 14.11.1988? (ii) Whether there has been no restitution of conjugal rights between the parties from 17.4.1990, since the date of the passing of the decree for restitution of conjugal rights? (iii) Relief.