HARBHAGAN KAUR Vs. BHAGWANT SINGH

JUDGEMENT

(1.) This appeal arises out of a petition for divorce under Clause (ii) of subsection (1-A) of S. 13 of the Hindu Marriage Act (hereinafter referred to as 'the Act'). The matrimonial Court had granted the decree of divorce and dissolved the marriage.

(2.) The short point that has been canvassed is that the requirement of subclause (ii) sub-section (1-A) of S. 13 had not been complied with. So the question is as to whether there had been no restitution of conjugal rights between the parties in compliance with the decree of restitution of conjugal rights obtained by the respondent--husband (hereinafter referred as 'the husband').

(3.) The proposition abovementioned is to be judged against the backdrop of the facts which can be stated thus :