Dr. Shalini Phansalkarjoshi, J.—This appeal, preferred by Original Respondent-wife takes an exception to the judgment and order dated 23rd September, 2015 passed by Family Court No.3 Mumbai at Bandra, thereby dissolving the marriage of Appellant and Respondent by decree of divorce under Section 13(1A)(ii) of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”).

2. Brief facts of the appeal can be stated as follows;

Appellant and Respondent were married on 22nd August, 1996 at Powai, as per the rites and custom of Hindu Religion. After the marriage, they cohabited together for some years in USA where Respondent was and is serving since prior to their marriage. However, some years after the marriage, due to differences of opinion and incompatibility, Respondent had filed a petition for divorce bearing No.747 of 2006 under Section 13(1)(ia) & (ib) of the Act on ground of cruelty and desertion. In the said petition, Appellant had preferred counter claim for Restitution of conjugal rights under Section 9 of the Act. By judgment and decree dated 15th September, 2009, the petition for divorce filed by Respondent-husband came to be dismissed. Whereas counter claim