ISHWAR CHANDER AHLUWALIA Vs. POMILLA AHLUWALIA

JUDGEMENT

(1.) THIS is an appeal by Ishwar Chandra Ahluwalia against the order of the lower court dismissing his petition under S. 13 of the Hindu Marriage Act, 1955 for the dissolution of his marriage with the respondent Shrimati Pomilla, Ahluwalia.

(2.) THE relevant facts are as follows. The parties were married according to Hindu rites at Delhi on the 11th of July 1955. Some time in 1956 the appellant filed an application under Section 9 of the Hindu Marriage Act for the restitution of conjugal rights, alleging that after a short period of married life his wife had left his house taking her jewellery and clothes and had not returned in spite of his repeated efforts to get her back. The judgment of Mr. Jawala Das, Additional district Judge, dated the 20th of March 1957 in that case shows that the wife filed a written statement in which apart from admitting the marriage and the fact that the parties and last resided together at Delhi she denied his other allegations. On this the petitioner withdrew the allegations and the wife said that she had no objection to the passing of a decree for restitution of conjugal rights and a decree was accordingly granted.

(3.) THE petition giving rise to the present appeal was filed on the 16th of April 1959 and a decree for divorce was claimed under Section 13 (1) (ix) of the Act, which allows a husband or wife to claim a decree for divorce on the ground that the other party has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree. The petitioner alleged that after the passing of the decree his wife never joined him of her own accord, and that she also refused to join him although he had taken a number of persons, who were produced as witnesses, in an effort to persuade her to return within the next few months after the passing of the decree.