SALWANT KARU Vs. SOHAN SINGH

JUDGEMENT

(1.) THIS is wife's appeal against the judgment of Additional District Judge, Barnala, dated 22.10.1991, who had allowed the petition filed by her husband for dissolution of marriage and granted a decree of divorce.

(2.) THE relevant facts of the case are that Sodan Singh husband of the present appellant had filed a petition under Section 9 of the Hindu Marriage Act against her on 16.7.1984 and that petition was decreed on 28.4,1987. Thereafter, the appellant did not resume cohabitation in spite of the decree. The appellant had also filed an application under Section 125 Cr.P.C. on 12.3.1985 in a Court at Mansa and it was allowed on 1.12.1988 but was dismissed by District & Sessions Judge on 28.4.1989 in revision petition filed by the petitioner -husband. The appellant had failed to resume cohabitation even after the passing of decree for restitution of conjugal rights for a period of more than one year before the filing of the petition. It was under the circumstances that the respondent filed a petition for dissolution of marriage by a decree of divorce.

(3.) THE Trial Court on the said pleadings of the parties, framed the following issues: