MRS. MAYA SAGAR Vs. G.S. SAGAR

JUDGEMENT

(1.) The respondent husband Shri Gian Singh petitioned for divorce under section 13 of the Hindu Marriage Act, 1955 on the ground that a decree for judicial separation had been granted in his favour on 15th Nov., 1976, by Shri Mohinder Pal, Subordinate Judge and after that decree there had been no resumption of cohabitation between the parties. The petition was contested on the ground that the said decree was obtained by fraud and the petitioner-husband could not be permitted to take advantage of his own wrong.

(2.) The facts giving rise to the petition are some what unusual. The parties were married in 1955 according to Hindu rites and lived together at Agra and later at New Delhi right up to 1973. Six children were born of which the eldest son is about 23 and the youngest is about eight. It was alleged by the husband that relations had deteriorated between the parties and accordingly the husband left the appellant- wife some time in Sept., 1973. The petitioner-husband then applied under section 10 seeking judicial separation on the ground of cruelty and desertion which was decreed on 15th Nov., 1976, after no contest by the wife According to the wife she was informed that the petitioner had withdrawn the petition for judicial separation and she did not contest the case on that ground. It was also claimed that the statement that the husband ' would withdraw the petition was made in the presence of other members of the finally Another point raised by the wife was that the husband had eloped with a lady teacher.

(3.) There were two material issues framed by the learned Additional District Judge, Shri K.B. Andley for the purpose of trial. The first issue being whether there had been resumption of cohabitation after the decree for judicial separation had been passed, and secondly, whether the petition was not maintainable on the ground that the said decree had been obtained by fraud. On both these issues, the on clusion of the trial Court was in favour of the husband and against the wife and accordingly a decree for divorce was granted.