SHARAD CHAND KESARI Vs. KISHORI GOYAL

JUDGEMENT

(1.) This is an appeal under Sec. 28 of the Hindu Marriage Act, 1955, filed by husband whereby his suit for divorce under Sec. 13(l-A)(ii) was dismissed.

(2.) The case of the plaintiff was that parties were married on 20-5-73 in Bilaspur, and thereafter both started living together. However, the marital tie could not continue beyond 18-11-1973, when she returned back to her parents. During her stay with her parents, she prosecuted her studies and became a graduate. Thereafter, she is employed as L.D.C. in Collectorate. While prosecuting her further studies she described herself as 'kumari' and wrote her surname as that of her father. When the plaintiff failed to bring her back, he filed a suit for divorce on the ground of desertion, vide Civil Suit No. 5-A/1981. In reply to the said petition, the wife expressed her willingness to resume cohabitation, if the husband were ready and willing for that. The defence of the wife was that the plaintiff ill-treated her. The learned trial Court found that the wife deserted the husband without just and reasonable cause and that the husband never ill-treated her. Inspite the issues being decided in favour of the husband, the learned trial Court instead of passing a decree for divorce, passed a decree for restitution of conjugal right by judgment dated 15-7-1982 vide Ex. P/1.

(3.) The plaintiff's case is that even after the said decree, the wife did not resume cohabitation despite repeated efforts. He, therefore, filed another petition for divorce on the ground, there has been no restitution of conjugal rights as between the parties for a period of more than one year after passing a decree for restitution of conjugal rights.