GODABAI Vs. NARAYAN ZINGAJI

JUDGEMENT

(1.) THIS is an appeal by the wife according to Section 28 of the Hindu Marriage Act, 1955 (hereinafter called the Act), against the judgment and decree dated October 15, 1971, passed by the learned District Judge. Chhindwara, dismissing her application filed under Section 10 (2) of the Act for rescission of the decree for judicial separation passed against her in an earlier proceeding (Civil Suit No. 11-A of 1969, decided on December 24, 1969 ).

(2.) BRIEFLY stated, the facts are these. On an application made by the respondent, claiming judicial separation on the ground of cruelty under Clause (b), Sub-section (1) of Section 10 of the Act, a decree for judicial separation had been passed against the appellant on December 24. 1969. The application under Section 10 (2)of the Act was filed on July 20, 1971, by the appellant. The only ground urged in support of the application was that the appellant was now repentant and she would not misbehave with the respondent as she did in the past, and that the marriage of their only daughter, who was about 13 years of age at the time of the application, was to be settled, which was not possible without getting the decree for judicial separation set aside, as it was presenting unsurmountable difficulties, the respondent opposed the application and denied the genuineness of the offer made by the appellant and controverted the other allegations. He offered to make all arrangements for the marriage of their daughter.

(3.) AN issue was framed by the trial Court, whether it was a fit case for rescission of the decree for judicial separation. In spite of opportunity being given by the trial court no evidence was led by either party. The trial Court dismissed the application on its finding that no ground for rescission of the decree under Subsection (2) of Section 10 of the Act was made out It is against this decree that the present appeal has been prefers red by the wife.