SMT. HARDARSHAN KAUR Vs. SHRI GAGAN INDER SINGH

JUDGEMENT

(1.) In this appeal by the wife the challenge is to the judgment and decree dated 1st Feb., 1982 whereby the Additional District Judge, Delhi granted a decree of divorce in favour of the respondent-husband under section 13(1-A) (ii) of the Hindu Marriage Act.

(2.) The parties were married according to the Hindu Marriage Act on 15th Feb., 1976. After marriage they lived together but no child was born. It appears that the respondent, after a year of marriage, filed a petition for divorce on the ground of cruelty. By order dated 14th Jan., 1979 the husband's petition was dismissed. Thereafter the wife filed a petition under section 9 of the Act for restitution of conjugal rights. By order dated 28th April, 1980 Shri S.P. Sabharwal, Addl. District Judge, Delhi allowed the petition and passed a decree for restitution of conjugal rights. Despite the said decree having been passed, the restitution of conjugal rights did not take place. The wife filed an application for execution of the said decree but the same is still pending.

(3.) The present petition for divorce under section 13(1-A)(ii) was filed by the husband one year after the passing of the decree for restitution of conjugal rights. In the petition it was stated that after the passing of the aforesaid decree for restitution of conjugal rights no restitution had taken place.