Smt. Vinita Sahu vs Dinesh Kumar Sahu
2024 Latest Caselaw 36282 ALL

Allahabad High Court

Smt. Vinita Sahu vs Dinesh Kumar Sahu on 5 November, 2024

Author: Saumitra Dayal Singh

Bench: Saumitra Dayal Singh

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:172663-DB
 
Court No. - 39
 
Case :- FIRST APPEAL No. - 232 of 2016
 
Appellant :- Smt. Vinita Sahu
 
Respondent :- Dinesh Kumar Sahu
 
Counsel for Appellant :- M.K. Tripathi,Mahesh Kumar,Tapan Kumar Mishra
 

 
Hon'ble Saumitra Dayal Singh,J.
 

Hon'ble Donadi Ramesh,J.

1. Heard Shri Mahesh Kumar, learned counsel for the appellant.

2. Present appeal has been filed under Section 19 of the Family Courts Act, 1984 arising from the judgment and order dated 23.04.2016 passed by the Additional District and Sessions Judge/ Additional Family Court, F.T.C., Court No.2, Jhansi in Case No.134 of 2012 (Dinesh Kumar Sahu Vs. Smt. Vinita Sahu), whereby the learned court below has granted decree of restitution of conjugal rights in favour of the respondent.

3. At the outset, learned counsel for the appellant states that the above order has not been executed. The parties have never co-habited pursuant thereto. As to the status of the appellant, he would further state that the appellant does not wish to revive her matrimonial relationship. At the same time, no divorce suit has been filed as of now, by either party.

4. Even otherwise, it could not be established that the appellant had stayed away from her matrimonial home for any justified circumstance. No criminal case with respect to demand of dowry etc. was shown to have been instituted by her. Further, efforts appear to have been made by the respondent to re-establish cohabitation between the parties. Those were resisted/ denied by the appellant for unexplained reasons.

5. In view of clear fact that, the decree for restitution of conjugal rights could not be executed/implemented and further in view of the provision of Section 13 (1A) of the Hindu Marriage Act, 1955, the present appeal has been rendered infructuous, by efflux of time.

6. Accordingly, the present appeal is dismissed as infructuous, leaving it open to the appellant to seek such other remedy as may be available in law.

Order Date :- 5.11.2024

A Gautam

(Donadi Ramesh,J.) (S.D. Singh,J.)