RAM KALI Vs. GOPAL DASS

JUDGEMENT

(1.) This appeal, against an order of the learned Additional District Judge, Delhi, has arisen out of a petition, filed by the respondent, against the appellant, under section 13 (1A)(ii). Hindu Marriage Act, 1955 (hereinafter referred to as the Act) fur the dissolution of marriage, by a decree of divorce.

(2.) The appellant and respondent were wife and husband. They were married on the 27th November, 1956. The appellant had obtained a decree for restitution of conjugal rights on the 17th March, 1961. The respondent had filed the petition, under section 13(IA)(ii) of the Act, out of which the present appeal has arisen, on the 23rd January, 1965. The ground, on which the dissolution of marriage by a decree of divorce, was sought was that there had been no restitution of conjugal rights, alter the passing of the decree of restitution of conjugal rights in favour of the appellant. It was alleged that, in fact, the parties had never cohabited, alter marriage.

(3.) The petition was contested on behalf of the appellant. It was denied that there was no restitution of conjugal rights after the passing of the decree. It was pleaded that after the decree for the restitution of conjugal rights, the parties had lived together as husband and wife at Ahmedabad in November and December 19^2. The allegation of the respondent that there was no consul-nation oi marriage at all, was also controverted. It was averred that the parties had, first, resided and cohabited together for about four days after the marriage at Rewari and again at Kalol in December 1957 for about a week or so and last of all, at Ahmedabad in November and December, 1962. Some preliminary objections against the maintainability of the petition were also taken up on behalf the appellant But those are not relevant for the decision of the appeal, and need not be set out