KAMLESH KUMARI Vs. BALBIR SINGH BEDI

JUDGEMENT

(1.) THIS appeal has been filed by Smt. Kamlesh Kumari against her husband, Captain Balbir Singh respondent No. 1 and Gurbax Singh respondent No. 2. It is directed against the judgment of Shri J. C. Aggarwal, Sub Judge 1st class, Pathankot dated December 22, 1970 decreeing the petition filed by the husband against the wife for dissolution of marriage under section 13 of the Hindu Marriage Act. 1955, hereinafter called the Act.

(2.) THE parties were married on December 14, 1967 at the residence of the parents of the wife at Delhi. After marriage, they lived together for one month at Pathankot, the place of residence of husband. On September 30, 1968, the husband was on leave at Pathankot, when he along with his friend J. P. Gupta came to his house, they saw through the chinks of the shutters of one of the rooms, respondent no. 2 and the wife together in a compromising position. They knocked at the door of the room. The wife and respondent No. 2 came out. She was reprimanded for her immoral and unchaste conduct. She then left the house along with respondent No. 2 telling the husband that she would no longer stay with him.

(3.) ON a petition filed by the wife against the husband on October 11,1968 in the Court of District Judge at Ambala, there was passed an ex parte decree for judicial separation on December 12, 1968. On September 20, 1969 the wife gave birth to a daughter.