M ARUNA KUMARI Vs. A V JANARDHAN RAO

JUDGEMENT

(1.) On an application being filed by the respondent husband under Section 13 (l-A) (i) of the Hindu Marriage Act for dissolution of the marriage on the ground that there had been no cohabitation between the spouses after the decree for judicial separation was passed on 23-12-1995 and the date of application i. e. 28-12-1996, the learned trial Judge had dismissed the said application.

(2.) On an appeal being carried, the Division Bench of the Andhra Pradesh high Court considered the entire evidence on record and came to hold that there has been no resumption of cohabitation between the parties for a period of one year from the date of the decree for judicial separation and accordingly granted the decree for divorce allowing the appeal. It is this judgment and order of the Division Bench of the Andhra Pradesh High Court which is the subject-matter of challenge in this special leave application.

(3.) Ms Amareswari, appearing for the petitioner wife vehemently contended that the evidence on record has not been scrutinised at all by the high Court while sitting in appeal and therefore the ultimate finding should not be binding on this Court and the matter could be remitted to the High court for reconsideration of the evidence on record. She also further stated that there is ample evidence on record to indicate that the husband had visited the wife after the decree for judicial separation and had been staying with her which falsifies the pleas of the husband that whenever he had gone to the house of the wife he found the same to be locked. But, having examined the impugned judgment and also the evidence which has been placed on record, we are unable to persuade ourselves to come to a conclusion that the finding of the High Court can be said to be a finding on no evidence. In that view of the matter, we see no justification for our interference with the impugned judgment of the High Court in exercise of power under Article 136 of the constitution of India. Accordingly, this special leave application stands rejected.