AJAY RASTOGI,J. - (1.) Instant misc. appeal has been filed by the appellant-wife aggrieved by the judgment and decree dated 12.03.2008 whereby decree of divorce was granted to the respondent-husband dissolving their marriage on the ground of cruelty and desertion under Section 13 of the Hindu Marriage Act, 1955.
(2.) The facts giving rise to the present appeal, in nutshell, are that marriage of the appellant-wife with the respondent-husband was solemnized according to the Hindu rites and customs on 14.04.1982 at Ajmer. It may be noticed that there is no issue from this wedlock and the appellant-wife has left the matrimonial home and they are living separately indisputably, as borne out from the pleadings since 20.12.1989.
(3.) Prior to filing of the present Divorce Petition No. 294/1999, the respondent-husband alleged that the appellant-wife left the matrimonial home and started living separately without any legitimate cause/justification since 20.12.1989 but when their differences and her uncalled for behaviour could not be reconciled, the respondent-husband filed Divorce Petition as Matrimonial Case No. 14/1990 on the ground of cruelty. Since the statutory period of two years of separation was not completed and there was no allegation/ground of desertion, the Divorce Petition No. 14/1990 came to be dismissed on 22.11.1991. Thereafter, fresh Divorce Petition was filed by the respondent-appellant on the ground of cruelty and desertion as Matrimonial Case No. 23/1992 and the ld. Family Court while framing issues, framed Issue No. 3 with regard to res-judicata, on the objection being raised by the appellant-wife in her written statement and while accepting the plea of res-judicata, dismissed the Matrimonial Case No. 23/1992 vide its order dated 12.07.1995 against which no further recourse was adopted by the respondent-husband.;