TEJINDER KAUR Vs. GURMIT SINGH

JUDGEMENT

(1.) In this special leave petition by the wife against the decree for dissolution of marriage granted by Additional District Judge, Patiala dated 29th March, 1986 on the ground of cruelty under S. 13(ia) of the Hindu Marriage Act, 1955, against which the petitioner-wife had preferred an appeal to the Punjab and Haryana High Court and which the High Court by its order dated 16th July, 1986 dismissed in limine, a preliminary objection is raised that the petition has become infructuous inasmuch as the respondent-husband has in the meanwhile married again on 17th August, 1986 i.e. just after a month of the dismissal of her appeal.

(2.) It is not necessary to state the facts in any detail. It is enough to say that the learned District Judge held the wife guilty of mental cruelty for having voluntarily deprived the husband of her society and cohabitation for a long period as, according to him, marriage without sex is an anathema. He further held that the wife had falsely charged the husband with adultery. It is quite evident on these facts that the marriage has irretrievably broken.

(3.) We heard learned counsel for the parties and the question is whether the condition pre-requisite before a lawful marriage can take place after a decree for dissolution of marriage under S. 15 of the Act has been fulfilled. Prior to its amendment by the Marriage Laws (Amendment) Act, 1976 by which the proviso was deleted, S. 15 was in these terms: