AMRIK SINGH Vs. SURJJT KAUR

JUDGEMENT

(1.) This review application (R.A. 44 of 1966) was filed in F.A.O. 74-M of 1966 and has arisen in the following circumstances :-

(2.) A petition under section 10 of the Hindu Marriage Act, 1955 for judicial separation was filed by Amrik Singh on 19th November, 1963 and after trial the same was dismissed by the Additional District Judge Ambala on 29th April, 1966 F.A.O. 74-M of 1966 was filed by Amrik Singh on 12th August, 1966. This appeal came up before a Bench consisting of I.D. Dua, J. (as he then was) and myself on 17th October, 1966 and the same was dismissed in limine.

(3.) Later, a review application was filed on 21st November, 1966 by Amrik Singh taking a number of grounds. By that time I.D. Dua, J. had left for Delhi High Court in view of the formation of a separate High Court for Delhi on account of the Punjab Reorganization Act, 1966 by which the erstwhile State of Punjab was reorganized and a new High Court for Delhi was created and the original High Court of Punjab was constituted into a joint High Court for the States of Punjab and Haryana at Chandigarh. The matter, consequently, came up before a Bench consisting of R.P. Khosla, J. and myself. After hearing the learned counsel for the appellant, we felt that it was a fit case in which the original order of dismissal in limine should be reviewed and one of the matters which affected our mind was the statement of the learned counsel that there was a chance of reconciliation. As the parties were young and there was also a child out of the wedlock, this amongst other points appealed to us and the order passed was as under :-