NATHU LAL Vs. NATHI BAI

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 24.2.1993 passed by Family Court, Kota by which application filed by the appellant Under Section 13 of the Hindu Marriage Act, 1955 has been rejected with cost of Rs. l,000/ -.

(2.) THE case of the appellant -husband is that he married respondent in Village Mandaward, Distt. Kota on 24.7.1979. After marriage the respondent never lived with the appellant continuously and ultimately left his house in February, 1983. She did not return back for three years and six months inspite of persuasion and, as such, he had to file an application Under Section 13 of the Act of 1955 before the Family Court. With some efforts of the family members the respondent agreed to come back to her matrimonial home and also came back in August, 1986. Under the circumstances the appellant -husband withdrew his application Under Section 13 and the same was dismissed as withdrawn by the Family Court.

(3.) ON 14.5.1993 this Court had called for the record from the Family Court, Kota. The record was not received by the Registry. The explanation from the office of Registry as well as the office of Family Court, Kota was called for. From the office report, it was revealed that the concerned record was sent by the Family Court, Kota by registered post, however, the same was not received so far. Under these circumstances, vide order dated 5.8.1996 this Court directed the parties to reconstitute the file of the Family Court. The file was accordingly reconstituted on the basis of material available with the parties. Thereafter, the appeal was admitted on 9.9.1996.