BALVINDAR SINGH KAUR Vs. KARANJEET SINGH

JUDGEMENT

(1.) THIS is a Letters Patent Appeal directed against the judgment of the learned Single Judge of this Court dated 27. 10. 1994 passed in-First Appeal No. 40/94, whereby the learned Single Judge has affirmed the decree of divorce granted by the Trial Court.

(2.) THE marriage of the appellant with the respondent (plaintiff) was solemnised according to the rites of Sikh Region on 29. 5. 1986. After marriage, the couple resided for a month in village Ropadpanja and thereafter, since the husband was posted in a Colliery at Sidhi, they came to stay at Jayant Colony, Sidhi. They remained there for I'/s months and thereafter, the wife Balvindar Kaur left for her father's house for celebrating 'karua Chouth' and since then, she did not return. During her stay with her parents, she gave a birth to one male child on 17. 6. 1987, who unfortunately died on 17. 7. 1987. The wife did not return to her husband's house for long time. The non-applicant sent his brother for fetching his wife but she did not come. Therefore, an application for restoration of conjugal rights was filed by the husband/non-applicant Karamjeet Singh. A decree of restitution of conjugal rights Was granted by the Trial Court on 4. 5. 1991. Thereafter, she did not come and stay with her husband and ultimately, the husband filed an application under Section 13 of the Hindu Marriage Act oh 28. 8. 1992 and the Trial Court granted a decree of divorce on the ground that his wife has failed to restore conjugal rights despite the decree of restitution of conjugal rights. Hence, he granted a decree of divorce under Section 13 (l) (A) (ii) of the Hindu Marriage Act.

(3.) AGGRIEVED against the aforesaid order, the wife preferred an appeal before this Court and the learned Single Judge did not find any merit and the same was dismissed by order dated 27. 10. 1994. Hence, the present L. P. A. has been filed by the wife.