- (1.) THIS order will dispose of FAO -M -208 of 2011 and FAO -M - 289 of 2008, as parties are the same in both the appeals and the appeals relate to inter se matrimonial dispute between them.
(2.) THE marriage between the parties was solemnized on 23.01.1998. The appellant -husband is working in the Ministry of External Affairs, Government of India and was posted as a Stenographer to the Ambassador of India at Surinam in South America. The parties after marriage went to Surinam on 08.09.1998. They returned from abroad on 18.02.1999. According to the appellant, the respondent -wife left her matrimonial home on 18.02.1999 the day they returned from abroad. According to the respondent -wife she was in fact abandoned by the appellant. The appellant however, on 04.05.1999 filed a petition seeking nullity of the marriage between the parties. It was alleged that the marriage between them was incomplete as during the 'Saptpadi' ceremony (that is, the taking of seven steps by the bridegroom and bride jointly before the sacred fire), the respondent -wife became unconscious and only four 'pheras' were performed. Therefore, the marriage was not binding between the parties. The appellanthusband also made allegations of mental disorder in respect of the respondent -wife. The petition of the appellant -husband was allowed by the learned Additional District Judge, Sonepat on 13.10.2001 on the ground that the respondent -wife had been suffering from mental disorder.
(3.) THE respondent -wife aggrieved against the judgment and decree dated 13.10.2001 of the learned Additional District Judge, Panipat, filed FAO No.M -208 of 2001 in this Court. The appeal of the respondent -wife was allowed by this court on 14.05.2003 and the judgment and decree dated 13.10.2001 of the Additional District Judge, Sonepat was set aside. The appellant -husband then filed LPA No.230 of 2003 in this court, which was dismissed on 26.07.2005 being not maintainable. Aggrieved against the same, the appellant filed SLP (C.C.10907 -10908 of 2005) in the Supreme Court of India which was dismissed on 02.12.2005. It may be noticed that after the appellant had filed his petition on 04.05.1999 seeking annulment of the marriage, the respondent wife lodged FIR No.22 dated 20.05.1999 against the appellant, his mother and sister alleging commission of offences punishable under Section 406 and 498 -A Indian Penal Code ('IPC' -for short). In the meanwhile, the appellant on 01.06.2005 filed another petition (HMA No.33 of 2005) seeking dissolution of the marriage between the parties on the ground of desertion. The said petition of the appellant was dismissed by the learned Additional District Judge, Sonepat on 23.08.2008. Aggrieved against the same, the appellant has filed FAO No.M -289 of 2008.;