WARYAM SINGH Vs. PRITPAL KAUR

JUDGEMENT

(1.) The single question for determination in this appeal is whether it is open to both the spouses to ask for a decree for dissolution of marriage under Clause (viii) of Sub-section (1) of Section 13 of the Hindu Marriage Act two years after the passing of a decree for judicial separation when there has been no resumption of cohabitation since then ?

(2.) The parties to this appeal were married on 11th of January 1952, Pritpal Kaur, the respondent-wife brought an application for judicial separation under Section 10 of the Hindu Marriage Act against her husband Waryam Singh, who is the appellant in this Court, sometime in the year 1957. The decree for judicial separation was granted to the wife on 15th of February 1958. The appellant brought the present application on 23rd of February 1960 for dissolution of marriage under Section 13 of the Hindu Marriage Act on the ground that there has been no resumption of cohabitation "for a space of two years" atter the passing of a decree for judicial separation on 15th of February 1958. Under Sub-section (1) of Section 13 of the Hindu Marriage Act,

(3.) It has been contended by Mr. Nayar, the learned counsel for the appellant, that once a decree for judicial separation is passed either spouse can take advantage of it as it merely provides a foothold for the relief of dissolution of marriage. Mr. Nayar has further urged that it would be unreasonable to afford relief to one spouse and not the other when the essential basis for a decree for dissolution of marriage is the failure of resumption of cohabitation for a period of two years after the passing of such a decree. Mr. Nayar further contends that there is no justification either in principle or logic to make a distinction between the two spouses after a decree for judicial separation has been passed.