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ROHIT ARYA, MILIND RAMESH PHADKE
Dimple@rani Rawat – Appellant
Versus
Ashok Rawat – Respondent
ORDER
1. Appellant/Wife is before this Court against the decree for restitution of conjugal rights awarded in favour of respondent/husband.
2. Appellant-wife and respondent-husband are also present before this Court today.
3. IA No.6401/2021, an application under Section 5 of Limitation Act for condonation of delay in filing present appeal is taken up for consideration.
4. For the reasons mentioned therein, the same is allowed and the delay of 1057 days in filing present appeal stands condoned.
IA No.6401/2021 is closed.
5. Couple solemnized marriage on 30/04/2015 but unfortunately, both of them started living separately after few days of marriage since 2/5/2015. It appears that with the passage of time, some wisdom prevailed upon the respondent-husband as he approached the Court of First Additional District Judge, Dabra, District Gwalior for restitution of conjugal rights by filing a petition under Section 9 of Hindu Marriage Act, 1955 on 9/5/2018. Looking to his bona fides, a decree has been awarded.
6. Though the appellant-wife is before this Court against a decree but now, she has changed her minds. In the open Court, she stated to live with her husband and does not intend to purse th
Court ruled that repeated cruelty constitutes valid grounds against restitution of conjugal rights.
The statutory provision allows for divorce if no restitution of conjugal rights occurs for over a year post-decree, validating the grounds for divorce.
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