RAM KALI Vs. GOPAL DASS

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent by Shrimati Ram Rali against the judgment of learned Single Judge affirming on appeal the decision of the trial Court whereby a decree for divorce under Section 13 of the Hindu Marriage Act, 1955, (hereinafter referred to as the Act), was granted in favour of Gopal Dass respondent against the appellant, has been referred to the Full Bench in view of the importance of the matter. The short question which arises for determination is whether the absence of restitution of conjugal rights as between the parties to the case for a period of more than two years after the passing of the decree for restitution of conjugal rights in favour of the appellant against the respondent constitutes a good ground under clause (a) of sub-section (1) of Section 23 of the Act for not granting the decree of divorce in favour of the respondent, The question has arisen in the following circumstances:-

(2.) The parties were married according to Hindu rites on November 27, 1956. The appellant obtained decree for restitution of conjugal rights against the respondent on March 17, 1961. The respondent thereafter filed a petition under Section 13(1A)(ii) of the Act for a decree of divorce against the appellant on January 23, 1965. The ground on which the respondent sought the dissolution of marriage by a decree of divorce was that there had been no restitution of conjugal rights after the passing of decree for restitution of conjugal rights in favour of the appellant on March 17, 1961.

(3.) The petition was contested by the appellant. She denied the allegations of the respondent that there had been no restitution of conjugal rights after the passing of the decree dated March 17, 1961. It was averred that the parties had cohabited and lived together as husband and wife in the months of November and December, 1962.