THE HON’BLE SRI JUSTICE B PRAKASH RAO AND THE HON’BLE SRI JUSTICE G V SEETHAPATHY C M A Nos.3118 OF 2002 & F C A 94 OF 2005 COMMON JUDGMENT : (Per Sri Justice G V Seethapathy) These two appeals arise out of the common judgment dated: 19th Sept, 2001 in O P No. 171 of 1999, O P No.80 of 2001 and M C No. 180 of 2001 on the file of the Family Court, Visakapatnam. O P No. 171 of 1999 was filed by the wife under Section 9 of the Hindu Marriage Act seeking restitution of the conjugal rights, O P No.80 of 2001 was filed by the husband under section 13 of the Hindu Marriage Act, seeking dissolution of the marriage by decree of divorce on the ground of desertion. The wife also filed M C no. 180 of 2001 seeking maintenance and it is seen from the impugned order that the same was allowed granting a maintenance of Rs 500/- per month, regarding which there is no appeal. During the enquiry, the wife examined herself as P W 1 and examined another witness as P W 2 and marked Ex.A1 to A11. The husband examined himself as R W 1 and examined another witness as R W 2 and marked Ex B1 to B4. On consideration of the evidence available on record, the learned Judge, Family Court, allowed O P No. 171 of 1999 filed by the wife directing her to issue notice to husband within six months from the date of order calling upon him to come and take her to the matrimonial home and lead conjugal life. Consequently, the O P filed by husband for divorce was dismissed. Aggrieved by the said order, the husband filed the present two appeals. At the time of hearing, learned counsel for appellant submitted that the decree for restitution of conjugal rights, though passed on 19.9.2001, the said order has not been complied with and the respondent-wife has also not issued any notice within six months from the date of impugned order as directed therein or even subsequently. Admittedly the estrangement between the parties has been continuing since 1996. In the circumstances, we are not going into the merits of the grounds alleged in the present proceedings for grant or otherwise of the divorce. The non compliance of the decree for restitution of conjugal rights granted in impugned orders dated 19.9.2001 for past eight years, would offer fresh cause of action for the husband to seek divorce under the provisions of Hindu Marriage Act. Thus giving liberty to the appellant-husband to pursue the legal remedies based on the fresh cause of action which has accrued to him, the present appeals filed by him are disposed of. No costs. _________________ B PRAKASH RAO,J ___________________ G V SEETHAPATHY,J DATE: 27.1.2010 TVK THE HON’BLE SRI JUSTICE B PRAKASH RAO AND THE HON’BLE SRI JUSTICE G V SEETHAPATHY C M A Nos.3118 OF 2002 & 94 OF 2005 DATE: 27.1.2010