SNEH PRABHA Vs. RAVINDER KUMAR

JUDGEMENT

(1.) This appeal is sequel to the proceedings for restitution of conjugal rights instituted by the respondent (husband) against the appellant (wife). The Trial Court granted decree for restitution of conjugal rights to the respondent. The appeal against the judgment and decree of the Trial Court was dismissed by the High Court.

(2.) This appeal is pending in this Court since 1979 and during that period efforts were made by this Court on several occasions to have the differences between the parties settled but with no success. At one point of time the parties had started living together as a result of conciliation by this Court and a daughter was born during that period but again they separated and there seems to be no chance of their living together. We have also tried to persuade the parties to live together, specially for the sake of their two grown up daughters, but there seems to be no possibility of their living together. Since the decree of restitution of conjugal rights has not been executed, the respondent has filed a divorce petition which is pending before the Trial Court at Chandigarh.

(3.) We have heard learned counsel for the parties. We are satisfied that the marriage between the parties has irretrievably broken down. There is no chance of their living together. We, therefore, grant decree of divorce to the parties with immediate effect.