KANCHAN SANJAY GUJAR Vs. SANJAY BHIKAN GUJAR

JUDGEMENT

(1.) This appeal filed under Section 19 of the Family Courts Act read with Section 23 of the Hindu Marriage Act, 1955 ("the Act" for short) arises from the judgment and order dated 10/12/2003 rendered by the Family Court at Pune thereby dissolving the marriage between the parties under Section 13(1A) of the Act by allowing Petition No. A-345 of 2001 filed by the respondent - husband.

(2.) The parties were married on 13/12/1980 as per the Hindu Customs and Rites at Pune and they begot three children, elder son Kunal was born on 17/1/1983, younger son Mayur was born on 28/9/1984 and daughter Sayali was born on 23/5/1988. As of now all the three children have attained majority but Sayali is still unemployed and, therefore, has no independent source of income The appellant filed Petition No. A574 of 1995 seeking the decree of restitution of conjugal rights under Section 9 of the Act on 29/7/1995 and on the same date she filed Petition No. C-38 of 1995 claiming maintenance for herself as well as the children under Sections 18 and 20 of the Hindu Adoption and Maintenance Act, 1956. On 13/6/1996 the respondent filed Petition A. No. 455 of 1996 seeking divorce on the ground of desertion and cruelty i.e. Section 13(1)(i-a) and (i-b) of the Act. He also filed Petition No. D-62 of 1996 under Section 26 of the Act and sought the custody of the children. By a common judgment dated 30/3/1999 the Family Court at Pune was pleased to allow the petitions filed by the wife i.e. Petition No. A-574 of 1995 thereby granting a decree of restitution of conjugal rights in favour of the appellant whereas the petition filed by the husband i.e. Petition No. A-455 of 1996 for divorce came to be dismissed. Petition No. D-62 of 1996 filed for custody by the respondent was dismissed whereas petition No. C-38 of 1995 filed by the appellant for maintenance was allowed.

(3.) On or about 28/4/2001 the respondent filed Petition No. A-345 of 2001 for seeking divorce under Section 13(1A) of the Act stating that after the decree under Section 9 of the Act was passed on 30/3/1999 there had been no resumption of cohabitation between the parties and, therefore, the marriage between the parties was required to be dissolved by a decree of divorce. The wife also filed Petition No. C-28 of 2002 along with her younger son and daughter and prayed for maintenance under Section 25 of the Hindu Adoption and Maintenance Act, 1956. By the impugned common judgment the following order came to be passed: