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MstrBSushobhitKachhi
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As the marriage did not work out since its inception, the appellant issued a notice dated 25.02.2002 seeking divorce on the ground of cruelty under Section 13(1) (i-a) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act). Surprisingly, the respondent filed a petition for restitution of conjugal rights soon thereafter. Respondents case was that the appellant and his family demanded dowry and, on being unable to oblige, the appellant's brothers took him away from the Respondent's company, rendering consummation of the marriage impossible. She claims that it was the appellant who refused to cohabit with her. In these circumstances, appellant filed HMOP 24/2003 on 05.03.2003 under Section 13(1) (i-a) of the Act, which was later re-numbered as HMOP 10/2005. Post-trial, a decree of divorce was granted after almost 5 years on 17.3.2008 on the ground of irretrievable breakdown of marriage. The appellant did not waste much time and got married a second time on 23.3.2008 after 6 days. The respondent preferred an appeal before the Addl. District Judge, Pudukkottai. It is her case that she filed an appeal on 1.7.2008, within the period of limitation after obtaining all the requisite papers; but the appeal was renumbered as CMA No.5 and 7 of 2011. The appellate court set aside the decree of divorce while allowing the petition for restitution of conjugal rights. The third round took place before the High Court in second appeal and, in terms of judgment dated 14.9.2018, the decree of divorce granted by the trial court was restored. Thus, each stage of scrutiny took 5 years, and 15 years passed in the litigation. In this period, the battle between the parties continued. This inter alia posed a question mark on the status of the second marriage of the appellant. The matter, however, did not end at this. The respondent filed a review petition inter alia on the ground that it was not within the jurisdiction of the High Court or the trial court to grant a decree of divorce on the ground of irretrievable breakdown of marriage.