RAVINDER KAUR Vs. ANIL KUMAR

JUDGEMENT

(1.) The appellant (Ravinder Kaur) and the respondent (Anil Kumar) got married on 14.08.1991. Soon thereafter, the respondent preferred a petition seeking divorce from the appellant before the Additional District Judge, Ropar. Having received summons in the above-mentioned case, the appellant entered appearance before the Additional District Judge, Ropar, on 08.10.1992. On the following day, i.e., on 09.10.1992, the respondent withdrew the petition filed by him under Section 13 of the Hindu Marriage Act, 1955.

(2.) The respondent filed a second divorce petition on 30.04.1993, under Section 13 of the Hindu Marriage Act, 1955, on the same factual premise and grounds (as the earlier petition), before the Additional District Judge, Chandigarh. Proceedings were conducted in the second divorce petition, in the absence of the appellant, and an ex-parte decree of divorce was granted to the respondent, on 08.01.1994. It was the case of the appellant before this Court, that the respondent did not inform her, that the matrimonial ties between the parties had come to an end, by the decree of divorce dated 08.01.1994. And under the impression, that the marriage was subsisting, he continued his conjugal relationship with the appellant, as her husband, by deception.

(3.) It was also the case of the appellant, that on 23.06.1994 the respondent married Sunita Rani. It was, thereupon, that the appellant became aware (on 23.06.1994 i.e., on the occasion of his marriage with Sunita Rani) about the fact, that the respondent had been granted an ex- parte decree of divorce on 08.01.1994 (by the Additional District Judge, Chandigarh). Within six days, of her coming to know, about the above ex- parte decree of divorce, the appellant preferred an application, for setting aside the said ex-parte decree, on 29.06.1994. The same was allowed by the Additional District Judge, Chandigarh, on 19.02.1996. In sum and substance, therefore, the matrimonial ties between the appellant and the respondent came to be restored, as if the marital relationship had never ceased.