CHAMAN LAL Vs. MOHINDER DEVI

JUDGEMENT

(1.) BRIEFLY the facts of this case may be stated thus. The Appellant Chaman Lal was married to Smt. Mohinder Devi on August 26, 1959. A daughter was born to them on 21st of October, 1960. It appears that the relations between the parties became strained and according to the Appellant, the Respondent left his house and started living with her parents in Amritsar. Several efforts were made by the Appellant to bring her back but with no effect. On 10th of February, 1962, the Appellant filed a petition under Section 9 of the Hindu Marriage Act, 1955 (hereinafter called the Act), for restitution of conjugal rights. On 17th March, 1962, Smt. Mohinder Devi, the wife, also presented a similar petition against her husband. The proceedings in the husband's petition were stayed and an ear parte decree for restitution of conjugal rights was granted in favour of the wife on 16th January, 1963.

(2.) THE Appellant filed an appeal in this Court against the ex parte decree and the same was rejected on 23rd December, 1964. On 17th July, 1965, the husband moved the petition under Section 13 of the Act, for divorce, on the ground that there had been no restitution of conjugal rights between the parties for a period of two years after the passing of the decree for restitution of conjugal rights.

(3.) IN challenging the correctness of the order under appeal, Mr. H.L. Sarin, Learned Counsel for the Appellant has reiterated the plea that under Section 13(1 -A) (ii) of the Act, the mere existence of an unsatisfied decree for restitution of conjugal rights for the required period was sufficient for the Court to grant a decree for divorce and that the provisions of Section 23 (1) (a) did not apply to the facts of the present case.