SHARMA, J. - (1.) THIS appeal is directed against the judgment and decree dated 1. 4. 2003, passed by Judge, Family Court No. 1, Jaipur, in a petition under Section 13 of the Hindu Marriage Act whereby the petition of the respondent was allowed and a decree of divorce was granted and the marriage was dissolved between the parties.
(2.) BRIEF facts for the disposal of this appeal was that the respondent had filed an application under Section 13 of the Hindu Marriage Act alleging therein that he was married with the appellant on 1. 11. 1985 according to the Hindu Rites at Jaipur. He has alleged that the appellant left the matrimonial house on 22. 1. 1986 and went to his parents house without any intimation and reason and thereby deserted the respondent. It has also been averred that on 8. 12. 1986, he had filed a petition for divorce but the same was disallowed vide order dated 23. 10. 1990. Against the said judgment the respondent had gone in appeal and during the hearing of the said appeal the parties entered into a compromise on 13. 7. 2001 and the appeal was disposed of in view of the compromise. It is further alleged that inspite of the aforesaid compromise the appellant wife refused to go with the respondent. A notice was served upon the appellant through advocate of the respondent asking the appellant to return to the respondent but the notice was not received, therefore, the respondent had to file the petition for divorce on the ground that the appellant failed to comply with the order dated 13. 7. 2001 of restitution of conjugal rights. The appellant wife filed reply and controverted all the allegations made in the petition and stated that she was always ready and willing to reside with the respondent-husband and she never disobeyed the order of the Court. She had also taken a ground that the respondent failed to search a separate house for living together and, therefore, she prayed for dismissing the petition. We heard counsel for the parties and also the parties who are present in court in person. On the basis of the pleadings of the parties, the Judge, Family Court framed issued whether the appellant wife failed to comply with the order of this Court dated 13. 7. 2001 regarding restitution of conjugal rights within a period of one year. On the above issues, both the parties were given an opportunity to lead evidence. Both the parties led evidence in support of their case. The Judge, Family Court has considered the evidence led by both the parties and has given a finding that inspite of the order of this Court dated 13. 7. 2001, parties failed to comply with the order of restitution of conjugal rights for a period of one year and the order had the effect of decree of restitution of conjugal rights under Section 9 of the Hindu Marriage Act and in view of Section 13 (1a) (ii), the decree of divorce was passed and the marriage was dissolved. On perusal of the evidence on record, we find that though there has been no formal order of this Court regarding restitution of conjugal rights but the appeal was disposed of in view of compromise between the parties. We have perused the compromise which is marked as Ex. 3 on the record and from the compromise it is revealed that both the parties ad agreed to live together with due love and affection to each other and in view of the compromise, the appeal was disposed of. Therefore, we find that findings arrived at by the Judge, Family Court are based on proper appreciation of evidence and we find no infirmity in the said order.
(3.) WE have also heard both the parties on the point of permanent alimony and in the facts and circumstances of the case, we deem it proper to award a sum of Rs. one lac by way of permanent alimony to the appellant wife under Section 25 of the Hindu Marriage Act. In the result, the appeal of the appellant-wife is dismissed. However, the appellant-wife shall be entitled to a sum of Rs. one lac by way of permanent alimony. The judgment and decree passed by the Judge, Family Court is ordered to be modified accordingly. .;