PUSHPA Vs. PRADUMAN KUMAR OJHA

JUDGEMENT

(1.) THE appellant -wife has preferred this appeal under S. 28 of the Hindu Marriage Act, 1955 (for short 'the Act') against judgment and decree dated 12.5.89 passed under S. 13, for judicial separation.

(2.) THE facts leading to this appeal are that the appellant -wife and the respondent -husband were married on 23.5.1981 according to Hindu rites. The respondent -husband instituted a petition under S. 11, 12 and 13 of the Act for declaring marriage void, as at the time of marriage, the respondent was a minor, the marriage was solemnized in contravention of S. 5(iii) of the Act, and a decree of nullity of marriage was prayed under S. 12(1)(d) of the Act, a decree for divorce was also prayed under S. 13(1), (i)(ia) and (ib) of the Act.

(3.) THE trial Court, after recording the evidence, dismissed the petition of the respondent under Ss. 11, 12 of the Act and instead of granting a decree for divorce, granted a decree for judicial separation under S. 10 of the Act, observing that both the parties belong to a respectable family, but because of some misunderstanding, they are passing their life by living separately since last five years, in the circumstances the possibility of restitution of marriage relations between them, cannot be ruled out.