IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK KUMAR SINGH &

HON'BLE SHRI JUSTICE AJAY KUMAR NIRANKARI

th

ON THE 5 OF JANUARY, 2026 FIRST APPEAL No. 917 of 2024 SHRI SHUBHASH TIWAR Versus SMT. RAISHU TIWARI Appearance:

Shri Shreyash Pandit - counsel for the appellant Shri Ashok Kumar Pandey - counsel for the respondent ORDER Per: Justice Ajay Kumar Nirankari This appeal has been preferred by the appellant under Section 19 of Family Court Act read with Section 28 of Hindu Marriage Act against the judgment dated 31/07/2023 passed by Second Additional Principal Judge, Family Court, Jabalpur in RCSHM no.341/2022 whereby the plaintiff's application for dissolution of marriage under Section 13(1)(i-b) of Hindu Marriage Act has been dismissed.

2. The brief facts for final adjudication of the case are that the appellant–husband filed an application for dissolution of marriage under Section 13(1)(i-b) of the Hindu Marriage Act, 1955, alleging that the marriage between the appellant and the respondent was solemnized on 3rd July 2005. Out of the said wedlock, a male child, namely Shlok, was born.

3. After the marriage, the appellant made sincere efforts to establish the respondent as a self-made woman. With the assistance and support of the appellant, the respondent established a fashion designing and boutique business, from which she is earning approximately Rs.40,000–50,000/- per month. However, after attaining financial independence, the behaviour of the respondent towards the appellant and his family members changed, and she started treating them with cruelty. She ultimately left the matrimonial home in the year 2015.

4. The appellant made several attempts to bring the respondent back to the matrimonial home, but all such efforts were unsuccessful. Consequently, he filed an application for restitution of conjugal rights. Thereafter, on the ground of cruelty, the appellant filed an application for dissolution of marriage under Section 13(1)(i-a) of the Hindu Marriage Act, which was dismissed by order dated 17/05/2018.

5. Even after dismissal of the said application, the appellant continued to make sincere efforts for restoration of his marital life; however, the respondent did not resume cohabitation. Thus, the appellant again approached the Family Court seeking dissolution of marriage on the ground of desertion. The said application was registered as RCSHM No. 341/2022.

6. Despite due service of notice, the respondent did not appear before the trial court, and accordingly, the learned Family Court proceeded ex parte against her. In order to adjudicate the dispute, the learned Family Court framed formal issues.

7. The learned trial court, after appreciating the oral as well as documentary evidence available on record, dismissed the appellant’s application by order dated 31/07/2023 for dissolution of marriage, holding that the said application is barred by the principle of res judicata. The learned trial court further held that the appellant has failed to establish his case on the ground of desertion. Aggrieved by the said order, the appellant has preferred the present appeal.

8. Learned counsel for the appellant submits that the subsequent application for dissolution of marriage under Section 13(1)i-(b) of the Hindu Marriage Act is fully maintainable, as it is founded on a recurring cause of action and subsequent developments. It is contended that learned trial court had no jurisdiction to dismiss the said application on merits once it proceeded to hold that the subsequent application is barred by the principle of res judicata. Accordingly, learned counsel prays for allowing the appeal and for setting-aside the impugned judgment and decree. In support of his contention he has relied on the recent judgements of High Court of Allahabad in the case of Dinesh Verma @ Dinesh Vs. Malti Verma @ Malti Devi, reported in 2024 SSC Online Allahabad 7211, wherein the Court has held that in matrimonial cases, both the partie