LAWS(DLH)-1976-3-4

VINOD CHANDRA DUBEY Vs. ARUNA DUBEY

Decided On March 26, 1976
VINOD CHANDRA DUBEY Appellant
V/S
ARUNA DUBEY Respondents

JUDGEMENT

(1.) This is a husband's appeal from the order of the Additional District Judge dated January 31, 1974, refusing him a decree of nullity.

(2.) The appellant Vinod Chandra Dubey was married to the respondent Shrimati Aruna Dubey on February 17, 1964. They lived together for a brief period of a year or so. On February 2, 1965, the wife left the husband. Thereafter she never came back to him. There is no child of the marriage.

(3.) On July 16, 1973, the husband brought a petition. He claimed a decree of nullity on the ground of wife's impotency under S. 12(1)(a) of Hindu Marriage Act, 1955 (the Act) and in the alternative a decree of judicial separation on the ground of desertion and cruelty under s. 10 of the Act.