VIMLA BAI Vs. KAMAL KISHORE

JUDGEMENT

(1.) The respondent husband Kamal Kishore obtained a decree for judicial separation against the appellant wife. This decree was passed by this Court on 19-10-1979 in appeal.

(2.) Cohabitation was not resumed within a period of one year. Kamal Kishore, therefore, filed a suit for divorce on the ground that there had been no resumption of cohabitation between the parties for a period of one year or upwards after the passing of that decree for judicial separation. The appellant wife admitted that there had been no cohabitation but made an application under section 10(2) of the Hindu Marriage Act that she was prepared to live with the respondent and, therefore, the decree for judicial separation be set aside. The claim is that on that ground the decree for divorce could not be granted. The lower Court decreed the suit for divorce under section 13(1-A)(i) of the Act. Hence this appeal.

(3.) Learned counsel for the appellant first argued that the trial Courts decree is vitiated because no attempt at conciliation was made as is required by section 23(2) of the Act. The proceedings before the lower Court show that the Court was of opinion that it was futile to make any such effort looking to the relations between the parties. I am also of the opinion that under the circumstances of the present case, it would have served no useful purpose to make any attempt for reconciliation. Even here, the appeal has been pending for more than a year and a half and the parties did not make any attempt to reconcile. Even today, they are not present. In my opinion, it is not possible for the parties now to reconcile and it will he a futile exercise to make any attempt in that direction. The first contention thus raised in support of the appeal is rejected.