HARJIT SINGH Vs. IQBAL KAUR

JUDGEMENT

(1.) THE hapless parties to this matrimonial dispute, it appears, are in litigation for about fifteen years. They were married on December 10, 1972 and sometimes thereafter they were blessed with two daughters. There came to be filed first in-point of time a petition by respondent-wife seeking decree for restitution of conjugal rights with the plea that the husband had deserted her, which culminated into a decree dated March 12, 1980. For non-compliance of the decree for restitution of conjugal rights, husband, this time instituted a petition under Section 13 (1-A) of the Hindu Marriage Act, 1955 claiming a decree for divorce on the solitary ground that after passing of the decree for restitution of conjugal rights, there had been no cohabitation between the parties for more than a year. The above said petition was filed on June 15, 1981.

(2.) THE cause of the husband was contested, inter alia, on the grounds that after passing of the decree for restitution of conjugal rights, the parties to the marriage, had lived together, even though the husband had turned out his wife after sometime as also that the family members of the husband were annoyed with the wife for giving birth to female children and, therefore, they mal-treated her, gave her beatings due to in-sufficient dowry and turned her out earlier. This, constrained her to file a petition for restitution of conjugal rights and inasmuch as the said decree had not been complied with due to all kind of hurdles created by the husband, he was not entitled to take advantage of his own wrongs.

(3.) LEARNED Additional District Judge, Ambala, before whom the matter came up for hearing, on the pleadings of the parties framed the following issues :-