JUDGMENT

Alok Aradhe, J.—This appeal under Section 28(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’ for short) has been filed against judgment dated 19.08.2015, by which the petition filed by the appellant under Section 25 of the Act seeking permanent alimony has been dismissed and the marriage between the parties has been dissolved by a decree of divorce.

2. Facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was solemnized on 25.03.1993. As per version of the appellant, respondent left the matrimonial home in February 1994 prior to delivery of the child. It is also not in dispute that from the wedlock, a son has been born to the parties. However, despite the birth of son, respondent did not join the matrimonial home.

3. Thereupon, the appellant filed a petition seeking restitution of conjugal rights, which was decreed vide judgment and decree dated 04.01.2005. The respondent preferred an appeal against the aforesaid order before this court viz., MFA No.1165/2005, which was dismissed by order dated 20.04.2009. However, the respondent did not join the matrimonial home. Thereafter, the appellant filed a petit