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2016 DIGILAW 1621 (JHR)

Prabir Kumar Roy v. Manushree Roy

2016-11-30

H.C.MISHRA, S.N.PATHAK

body2016
JUDGMENT : Heard learned counsel for the appellant as also learned counsel for the sole respondent. 2. The appellant is aggrieved by the Judgment and Decree dated 12th of November, 2014, passed by the learned Principal Judge, Family Court, Dhanbad, in Title Matrimonial Suit No. 263 of 2012, whereby the suit filed by the appellant for dissolution of marriage between the parties, by a decree of divorce on the ground of cruelty, desertion and non-resumption of restitution of conjugal rights, has been dismissed ex-parte. 3. When the matter was taken up on last occasion, this Court noted that there was a decree of restitution of conjugal rights in favour of the appellant, on contest by the respondent, passed by the competent Court on 1.2.2012 itself, and there is no co-habitation between the parties. 4. Though the husband admitted to keep his wife with him, but learned counsel for the respondent wife, sought time for seeking instructions from his client, and after seeking instructions from his client, learned counsel submits that the wife is not ready to lead the conjugal life with her husband. 5. In view of the stand of the parties, particularly in view of the fact that admittedly there is a decree of restitution of conjugal rights in favour of the appellant, passed on 1.2.2012 by the competent Court, and in view of the admitted position that the wife is not ready to lead the conjugal life with her husband, in our considered view, this fact alone entitles the appellant for dissolution of the marriage between the parties by a decree of divorce, under Section 13(1-A)(ii) of the Hindu Marriage Act. Accordingly, the impugned Judgment and Decree cannot be sustained in the eyes of law. 6. In view of the aforementioned discussions, the impugned Judgment and Decree dated 12th of November, 2014, passed by the learned Principal Judge, Family Court, Dhanbad, in Title Matrimonial Suit No. 263 of 2012, are hereby, set aside, and the marriage between the appellant Prabir Kumar Roy and respondent Smt. Manushree Roy, is hereby, dissolved by a decree of divorce under Section 13(1-A)(ii) of the Hindu Marriage Act. Let the decree be prepared, accordingly. 7. This appeal, is accordingly, allowed.