MANJU KUMARI SINGH Vs. AVINASH KUMAR SINGH

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent.

(2.) The appellant is aggrieved by the Judgment dated 23.12.2002 and Decree signed on 06.01.2003, passed by learned Principal Judge, Family Court, Singhbhum East at Jamshedpur in Matrimonial Suit No. 40/2001, whereby the application under Sec. 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 filed by the applicant Avinash Kumar Singh (respondent herein) for dissolution of marriage against his wife (respondent) Smt. Manju Singh (appellant herein) by decree of divorce on the ground of cruelty and desertion, which was decreed in his favour and decree of divorce was issued.

(3.) Before going into merits of the case, it will be proper to mention some facts as this case has got a chequered history. Matrimonial Suit No. 40/2001 was filed by husband for decree of divorce. The said Suit was decreed in favour of the husband which was a matter of challenge in F.A. No. 51/2004 by wife. The High Court, vide its order dated 28.05.2010, affirmed the earlier order passed on 24.09.2008 affirming the order passed by Court below, para-15 thereof reads as under: