BIMLA DEVI Vs. KASHMIRI LAL

JUDGEMENT

(1.) This appeal has been filed by Shrimati Bimla Devi against the judgment and decree of the Additional District Judge, Hissar, dated December 3, 1979, by which a decree for divorce has been granted against her.

(2.) Briefly, the facts are that the parties were married on May 12, 1975. A daughter was born to them on May 13, 1976. Thereafter, the wife filed an application for restitution of conjugal rights against her husband in which a decree for restitution of conjugal rights was passed on August 9, 1977. On April 12, 1979, an application for divorce was filed by the husband against his wife under Section 13 (1-A)(ii) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act). That application was dismissed as withdrawn on June 1, 1979 as the parties entered into a compromise according to which the wife agreed to accompany the husband from the court itself. Later on June 5, 1979, i.e., four days after the dismissal of the earlier application, the husband filed the present application under the aforesaid section.

(3.) The application was contested by the wife inter alia on the ground that the second application was not maintainable under the principle of res judicata and that the restitution of conjugal rights had taken place.