- (1.) Heard learned counsel for the parties.
(2.) Present appeal is preferred by the aggrieved wife (respondent in Original Suit (M.T.S.) No. 34 of 2009) against the judgment and decree dated 5.4.2016 passed by the learned Court of Principal Judge, Family Court, Ranchi in Original Suit (MTS) No. 34 of 2009 U/s. 13 (1-A) (ii) of the Hindu Marriage Act, 1955, by which marriage between the parties was dissolved. The Suit was instituted by the petitionerhusband/respondent herein invoking the provisions of Section 13(1-A)(ii) of the Hindu Marriage Act, 1955, on the sole ground that despite a decree for restitution of conjugal rights in his favour passed in Matrimonial Case No. 501 of 1999, the respondent-wife did not join the society of the husband and resume cohabitation. The relevant necessary facts as pleaded by the parties in the said suit are being referred to hereinafter in brief.
(3.) As per case of the petitioner-husband, after solemnization of their marriage on 28.6.1986 as per Hindu rites and customs at Jaipur, they lived together as husband and wife at Indore. Twin sons were born out of the wedlock on 10.1.1988 who are living with the petitioner- husband all along. Since 1991, the respondent-wife left the matrimonial house to live with her parents without any proper reason. She has got maintenance u/s 125 of the Code of Criminal Procedure at the rate of Rs. 500/- per month (now enhanced to Rs. 5000/- per month). She had filed a criminal case u/s 498-A and section 307 of the Indian Penal Code against the husband in the year 1991 at Sadar Bazar Police Station, Indore. The petitioner-husband had been acquitted by the learned Court of Additional Sessions Judge-Indore in a hotly contested trial and the Hon'ble Madhya Pradesh High Court had also affirmed the judgment of acquittal on the appeal filed by the aggrieved wife. Petitioner had filed M.T.S. No. 501 of 1999 seeking restitution of conjugal rights which was decreed ex-parte on 14.5.2001 in his favour by the learned Family Court at Indore. When steps for restitution of conjugal rights failed, he instituted Execution Case No. 501/1999/2006 on 02.2.2006 against the respondent. She avoided appearance. The learned Executing Court therefore disposed of the Execution Case vide order dated 28.3.2007 presuming that she is not interested in joining the society of the petitioner. Thereafter, the present Suit was filed, since despite lapse of one year period from the date of passing of the decree in the Suit for restitution of conjugal rights, the respondent avoided to join the society of the petitioner. The Suit was initially filed before the Principal Judge, Family Court, Indore but after the order of the Hon'ble Apex Court passed on the transfer application of the respondent-wife bearing Transfer Petition No. 473 of 2007, the same was transferred to the learned Family Court, Ranchi.;