JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. This is an unfortunate case in which the appellant-husband and respondent-wife, notwithstanding continuous separation at least from 2008, have not been able to settle their matrimonial dispute. For the sake of privacy, we have masked their names.

2. The marriage between the parties was solemnised on 25th March 1999. Two children were born from the marriage. Both of them are adults. The matrimonial dispute led to multiple litigations. The matrimonial discord started in 2006, which led to the appellant filing a petition under Section 9 of the Hindu Marriage Act, 1955 (for short, ‘HM Act’) for restitution of conjugal rights. The petition was filed on 17th December 2008. By the judgment and decree dated 15th May 2013, the learned Additional Civil Judge (Sr.Division), Barnala, passed a decree of restitution of conjugal rights under which the respondent was directed to join the appellant's company within three months. According to the case of the appellant, as the respondent did not abide by the decree for restitution of conjugal rights, on 23rd August 2013, the appellant filed a petition under Section 13 of the HM Act before the Family Court at