The central legal point established in the judgment is that a party cannot benefit from their own wrong, and the conduct of the parties and the implications of acquittal in a criminal case are crucial in determining entitlement to dissolution of marriage.

T.V. Nalawade, J.

1. The appeal is admitted. Notice after admission made returnable forthwith. Heard both the sides by consent for final disposal.

2. The appeal is filed by the wife against the judgment and decree of Hindu Marriage Petition No. A- 220/2010 which was pending in Family Court Aurangabad. The petition was filed by respondent husband under the provisions of section 13(1)(1a) of the Hindu Marriage Act, 1955 (Hereinafter referred to as “the Act”) for dissolution of marriage. The petition was allowed by the trial Court and the marriage is dissolved. Initially by judgment and decree dated 26-9-2011 the petition of the husband was dismissed by the trial Court. The husband challenged the said decision in this Court by filing Family Court Appeal No.29/2011. By decision dated 22-8-2016 this Court had remanded the matter back to the trial Court for fresh trial and hearing on limited point. The matter was to be decided by the trial Court only on the ground or cause of action which had arisen, had become available to the husband after dismissal of Hindu Marriage petition No.210/2006, the previous petition filed by the husband for divorce.

3. Family Court Appeal No.29/2011 was partly allowed by this Court and direction was given with some observations as follows:

"7. Naturally, if, the subsequent proceedings are based on same cause of action, then the present petition for divorce bearing Petition No.A-220 of 2010 was not maintainable in view of the dismissal of HM.P. No.210 of 2006 for want of prosecution, more particularly when the said dismissal was U/O IX Rule 8 of the C.P.C. and the fresh proceedings on the same cause of action are barred in view of Order IX Rule 9 of the C.P.C. The marked distinction in the present proceeding bearing Petition No.A-220 of 2010 is that the petitioner is pleading cruelty on the ground that false criminal case was filed by the respondent U/Sec.499 and 500 of the I. P. Code and after trial present appellant has been acquitted in the said case. The said factum will have to be considered by the Family Court. Whether acquittal was on technical ground or any other ground, the effect of the same upon the case of the parties will have to be considered by the family Court while deciding the said petition. As the cause of action was subsequent to the dismissal of H.M.P. No.210 of 2006, certainly it was within the province of the Family Judge to consider the said ground of cruelty qua the cause of action arisen subsequent to the dismissal of the said earlier petition bearing H.M.P. No.210 of 2006. (emphasis supplied by us).

10. The impugned judgment and order is quashed and set aside. The parties are relegated before the Judge, Family Court, Aurangabad for deciding Petition No.A-220 of 2010 afresh. It is made clear that, the appellant is not entitled to raise ground of desertion and/or of cruelty, which was subject matter in H.M.P. No.210 of 2006 and only the Petition No.A-220 of 2010 shall be considered in respect of the cause of action arisen subsequent to the dismissal of H.M.P. No.210 of 2006.

11. As the parties have already led their evidence, the parties are not now required to adduce the evidence and the learned Judge of the Family Court shall hear the final arguments of the parties and decide the same in view of the observations made herein above. The parties or their lawyers shall appear before the Judge, Family Court, Aurangabad on 06th September, 2016. Considering the fact that, the matter is remitted back and the matter is only required to be heard finally and decision given, the Judge, Family Court, Aurangabad shall endeavour to dispose of the petition expeditiously and preferably within a period of three (03) months from the date of appearance of the parties. Record and proceedings be sent back forthwith. The family court appeal partly allowed and disposed of. No costs."

4. Copy of the Hindu Marriage Petition No.210/2006 is on the record and this document shows that the petition was di