ANIMESH TRIVEDI Vs. KIRAN BAGAI

JUDGEMENT

(1.) These three appeals are arising out of matrimonial suits between the same contesting parties, hence these appeals are being disposed of by this common order. The First Appeal No. 139 of 2010 has been preferred by the appellant-husband against the Judgment dated 20th March, 2010 (decree sealed and signed on 30th March, 2010); passed by Shri Pankaj Srivastava, the Principal Judge, Family Court, Ranchi in Matrimonial Title Suit No. 178 of 2009, preferred by the petitioner-wife, whereby and whereunder the said Court has passed a decree of divorce under Section 13(1A)(i) of the Hindu Marriage Act, 1955 against the husband.

(2.) Earlier, the respondent-wife had filed a Matrimonial Title Suit No. 53 of 2006 before the Family Court, Ranchi for dissolution of marriage by a decree of divorce under Section 13 (1) (ia) and 13(ia)(ib) of the Hindu Marriage Act, 1955 on the ground of cruelty and desertion. The Matrimonial Title Suit was disposed of vide Judgment dated 19.05.2008 (decree sealed and signed on 29.05.2008) passed by Shree Mushtaq Ahmed the Principal Judge, Family Court, Ranchi whereby the suit was allowed in part and a decree for judicial separation was granted in favour of the petitioner-wife/respondent herein. The said Court had also ordered that the husband/appellant herein shall have the right to visit his son the last Sunday of the month.

(3.) The other two appeals have been preferred against the Judgment dated 19.05.2008 (decree sealed and signed on 29.05.2008) in Matrimonial Title Suit No. 53 of 2006. One of the appeals filed by the appellant herein being F.A. No. 133 of 2008 challenging the order of judicial separation and another appeal being F.A. No. 184 of 2008 has been preferred by the petitioner-wife against the same Judgment dated 19.05.2008 in Matrimonial Title Suit No. 53 of 2006 being aggrieved by the judgment of the learned Court below refusing grant of a decree of divorce instead of granting a decree of judicial separation under Section 13(1A)(i) of the Hindu Marriage Act, 1955. During the pendency of the these two appeals i.e. F. A. No. 133 of 2008 and F. A. No. 184 of 2004 before this Court, the respondent-wife preferred a Matrimonial Title Suit No. 178 of 2009 before the Court of Principal Judge, Family Court, Ranchi under Section 13(1A)(i) of the Hindu Marriage Act, 1955 alleging that after passing of the judgment and decree dated 19.05.2008 and 29.05.2008 respectively in Matrimonial Title Suit No. 53 of 2006, there has been no resumption of cohabitation between the parties for the last more than one year after passing of the decree for judicial separation and therefore, the marriage solemnized between the parties on 18.02.2001 be dissolved or a decree of divorce be granted. By the impugned judgment dated 20th March, 2010, the learned Principal Judge, Family Court, Ranchi has decreed the suit of the respondent-wife holding that she is entitled to a decree of divorce under Section 13(1A)(i) of the Hindu Marriage Act, 1955.