VIJENDRA B. SINGH Vs. UMA VIJENDRA SINGH

JUDGEMENT

(1.) THE appeal impugnes a Judgment and decree passed by the Family Court at Bandra, Mumbai dismissing the Appellant -husband's petition for divorce under Section 13(1A) of the Hindu Marriage Act, 1955 ("Act").

(2.) THE Appellant and Respondent were married on 22 April 1996. A baby girl was born to them in the following year. Since 8 April 1997 the couple started living separately. In 1998, the Respondent filed a petition for restitution of conjugal rights before the Family Court. On 3 October 2002, the petition was decreed. The parties did not cohabit even thereafter. On or about 22 September 2003, an execution application was filed by the Respondent. On 23 November 2003, during the pendency of that execution application, the Appellant filed the present petition for divorce under Section 13(1A) of the Act. The petition was dismissed by the Family Court on 23 August 2006. This appeal challenges that dismissal order.

(3.) ADMITTEDLY during the period of one year of the decree of restitution of conjugal rights, there was no cohabitation between the parties. The only question before the Family Court was whether such non -restitution was on account of any fault of the Appellant. The learned Judge of the Family Court, after a full -fledged trial and upon consideration of evidence led by the parties therein, held that the Appellant prevented the Petitioner from fulfilling the decree for restitution of conjugal rights and as a spouse at fault, could not claim a decree for divorce on the ground of non -restitution for the statutory period after the decree of restitution.