HIRAKALI Vs. RAM ASREY AWASTHI

JUDGEMENT

(1.) THE material facts giving rise to this appeal are as follows: The appellant Smt. Hirakali was the wife of respondent Dr. Ram Asray Avasthi, a Professor in the Christ Church College, Kanpur. The marriage took place in the year 1950 and thereafter the parties lived together as husband and wife and a daughter named Saroj Devi was born to them. Subsequently, the parties fell out and the respondent filed a petition under Section 13 of the Hindu Marriage Act in the court of the Civil Judge, Fatehpur for the dissolution of his marriage with the appellant. The peti tion was registered as suit No. 9 of 1964 in the court of the Civil Judge. In that suit a compromise was arrived at be tween the parties to the effect that there will be a decree for judicial separation in stead of a decree for divorce. A decree in terms of the compromise was passed by the court on 20-3-1965.

(2.) MORE than two years after the date of the consent decree in the above suit, the respondent filed a petition in the Civil Court stating that there had been no cohabitation between him and his wife after the decree for judicial separation had been passed. The respon dent, therefore, asked for a decree for dissolution of the marriage under Sec tion 13 (1-A) (i) of the Act.

(3.) THE learned District Judge found, as a fact that, in this case the appellant did not resume cohabitation with the respondent for a space of two years or upwards after the passing of the decree for judicial separation. He there fore, granted a decree for divorce in favour of the respondent under Sec. 13 of the Hindu Marriage Act. Hence, this appeal.