HARBANS KAUR Vs. MOHAN SINGH

JUDGEMENT

(1.) The parties were married in 1950 and out of the wedlock two children were born. Due to differences between the husband and wife, they parted company in the year 1972. In 1975, wife filed a petition for judicial separation and the husband filed written statement and pleaded therein that his written statement be treated as a petition for divorce. Finally, the husband withdrew front the consent and through his counsel made a statement that he did not wish to oppose the petition for judicial separation filed by the wife. By order dated 27-12-1977, the wife's petition for judicial separation was granted since it was not being opposed by the husband. After the grant of judicial separation, the parties did not come together for a period of over one year and, therefore, on 8-1-1979, the husband filed a petition for divorce saying that for a period of over one year since the passing of decree for judicial separation, they have neither cohabited nor lived together. "The wife opposed the petition on the sole ground that the dare, for judicial separation was a collusive one and as such it be ignored while deciding the divorce petition.

(2.) On the contest of the parties, the following issues were framed :-

(3.) After evidence was led, the trial Court vide judgment dated 27-8-1980, came to the conclusion that the parties have not lived together for a period of over one year since the passing of the decree for judicial separation and also concluded that the decree for judicial separation was not collusive. Consequently, the marriage was dissolved and a decree of divorce was granted. This is wife's appeal.