A.K.PARIHAR,J. - (1.) THIS is an appeal against the judgment dated 24.2.1993 passed by Family Court, Kota by which application filed by the appellant Under Section 13 of the Hindu Marriage Act, 1955 has been rejected with cost of Rs. l,000/ -.
(2.) THE case of the appellant -husband is that he married respondent in Village Mandaward, Distt. Kota on 24.7.1979. After marriage the respondent never lived with the appellant continuously and ultimately left his house in February, 1983. She did not return back for three years and six months inspite of persuasion and, as such, he had to file an application Under Section 13 of the Act of 1955 before the Family Court. With some efforts of the family members the respondent agreed to come back to her matrimonial home and also came back in August, 1986. Under the circumstances the appellant -husband withdrew his application Under Section 13 and the same was dismissed as withdrawn by the Family Court. It has been further averred that though the respondent started living with the appellant from August, 1986, but her behaviour did not change and remained quarrelsome not only with the appellant -husband, but also with his family members. Ultimately, the appellant had to file a fresh application Under Section 13 of the Hindu Marriage Act before the Family Court on21.8.1989 on the ground of cruelty in which various instances of cruelty were narrated. The Family Court, after receiving reply on behalf of the respondent framed four issues. First two issues were in regard to cruelty by the respondent -wife. The third issue was in regard to cruelty by the husband and the fourth issue was in regard to relief/interim maintenance. The Family Court, after taking evidence of both the sides decided all the three issues in favour of the respondent -wife and, thus rejected the application with costs vide order dated 24.2.1993, hence this appeal.
(3.) ON 14.5.1993 this Court had called for the record from the Family Court, Kota. The record was not received by the Registry. The explanation from the office of Registry as well as the office of Family Court, Kota was called for. From the office report, it was revealed that the concerned record was sent by the Family Court, Kota by registered post, however, the same was not received so far. Under these circumstances, vide order dated 5.8.1996 this Court directed the parties to reconstitute the file of the Family Court. The file was accordingly reconstituted on the basis of material available with the parties. Thereafter, the appeal was admitted on 9.9.1996.;