LAXMI KANT CHATURVEDI Vs. VIDYA DEVI

JUDGEMENT

(1.) THIS appeal is filed Under Section 28 of the Hindu Marriage Act challenging the judgment and decree dated 15. 1. 1992 in Civil Suit No. 13-A ' of 1990 passed by the IVth Additional District Judge, Jabalpur wherein petition Under Section 13 (l-A) (i) of the Hindu Marriage Act, filed by appellant/husband was dismissed. '

(2.) THE admitted facts of the case are that the appellant and respondent were got married about 20 years back at Umaria as per Hindu rites and customs. Ku. Pushpalata was daughter from their wedlock. It is also not in dispute that the appellant-husband is paying Rs. 175/- per month as maintenance. That the Civil Suit No. 46-A of 1985 for judicial separation was filed by the respondent-wife and the decree was passed on 25. 6. 1986 in favour of respondent-wife for the judicial separation from the appellant-husband.

(3.) THE case of the appellant was that from last more than 7 years respondent-wife is living separately and 3 years have passed since the decree for judicial separation. That the appellant made an attempt to bring back his wife but she has refused to live with the appellant. The appellant has prayed that the decree of dissolution of marriage be passed.