S.N.PATHAK, J. - (1.) Heard learned counsel for the appellant and learned counsel for the respondent.
(2.) The appellant is aggrieved by the Judgment dated 23.12.2002 and Decree signed on 06.01.2003, passed by learned Principal Judge, Family Court, Singhbhum East at Jamshedpur in Matrimonial Suit No. 40/2001, whereby the application under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 filed by the applicant Avinash Kumar Singh (respondent herein) for dissolution of marriage against his wife (respondent) Smt. Manju Singh (appellant herein) by decree of divorce on the ground of cruelty and desertion, which was decreed in his favour and decree of divorce was issued.
(3.) Before going into merits of the case, it will be proper to mention some facts as this case has got a chequered history. Matrimonial Suit No. 40/2001 was filed by husband for decree of divorce. The said Suit was decreed in favour of the husband which was a matter of challenge in F.A. No. 51/2004 by wife. The High Court, vide its order dated 28.05.2010, affirmed the earlier order passed on 24.09.2008 affirming the order passed by Court below, para-15 thereof reads as under: "15. After having given our anxious consideration on the facts of the case and the principles laid down by the Supreme Court in catena of decisions, we are of the view that any attempt of reconciliation will be futile and it would be in the interest of both the parties to sever the matrimonial ties between the parties, since the marriage has been broken down irretrievably. Following the decision of the Supreme Court, we are further of the view that since the marriage between the parties is dead for all purposes and there is no chance of its being retrieved, the continuance of such marriage would itself amount to cruelty and accordingly, we hold that the marriage of the appellant and the respondent shall stand dissolved. However, considering the fact that it is the respondent husband who is adamant not to continue the marital relation, we direct the respondent to pay a sum of Rs. Two Lacs. by way of permanent alimony to the appellant which shall be the condition for dissolution of marriage. It is also made clear that the respondent shall continue payment of alimony @ Rs.2,500/- (Rupees Two thousand and five hundred only) per month as maintenance for the child." The appellant-wife before the High Court challenged the said order before the Hon'ble Supreme Court in Civil Appeal No. 245/2015. The Hon'ble Supreme Court allowed the appeal, quashed the order of the High Court and remanded back the matter for fresh hearing vide its order dated 09.01.2015. Being dissatisfied with the Order of the Supreme Court dated 09.01.2015, the respondent - husband preferred Review Petition No. 1724/ 2015 in Civil Appeal No. 245/2015, which was dismissed vide order dated 14.07.2015 and as such, in view of order of the Supreme Court passed in Civil Appeal, the matter is being heard afresh. ;