HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Misc. Appeal No. 1362/2022

Radhey Shyam S/o Shri Ratan Lal Aheer, Aged About 26 Years,

R/o Jalampura, Tehsil Rashmi, Distt. Chittorgarh.

----Appellant

Versus

Ramkanya W/o Radhey Shyam Aheer, D/o Shri Laxman Lal,

Presently R/o Heerakheri, Rashmi P.S., Distt. Chittorgarh.

----Respondent

For Appellant(s)

:

Mr. S.S. Shaktawat

For Respondent(s)

:

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HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Judgment

23/08/2022

The instant miscellaneous appeal has been preferred by

the appellant Shri Radhey Shyam being aggrieved of the

judgment-cum-decree dated 06.05.2022 passed by the Judge,

Family Court, Chittorgarh in Civil Misc. Case No.68/2020 accepting

the application filed by the respondent Smt. Ramkanya under

Section 13 of the Hindu Marriage Act and dissolving the marriage

of the appellant and the respondent.

We have given our thoughtful consideration to the

submissions advanced at bar and have gone through the

impugned judgment.

A perusal of the impugned judgment indicates that it

was admitted by the appellant that he and the respondent were

not cohabiting since the year 2017. The appellant also admitted

that in the intervening period, he had contracted a Nata marriage

(2 of 2)

[CMA-1362/2022]

with a woman named Kali and that a child had also been born

from the said relationship. It is also an admitted position that the

respondent had also contracted a Nata marriage after living in

separation from the appellant for a significant period of time.

In this background, we are of the opinion that keeping

this litigation pending would not serve any purpose whatsoever.

The relationship between the spouses fell apart way back in the

year 2017 and since then they have chosen their own path by

contracting Nata marriages. Thus, there is no possibility of their

re-union. It is, thus, manifest that the appellant has filed this

appeal with the sheer objective of harassing the respondent. The

impugned judgment dated 06.05.2022 does not suffer from any

infirmity or illegality warranting interference.

Thus, the appeal fails and is dismissed as being devoid

of merit.

(CHANDRA KUMAR SONGARA),J

(SANDEEP MEHTA),J

15-Pramod/-