ISHWAR KANTA Vs. OM PARKASH

JUDGEMENT

(1.) THE appellant is aggrieved by the judgment of the learned Single Judge by which her appeal under the provisions of the Hindu Marriage Act, 1955 was dismissed. A few facts may be noticed.

(2.) THE appellant, Smt. Ishwar Kanta, was married to the respondent on April 13, 1976. A son was born to the couple on September 9, 1977. On September 29, 1981, the respondent husband filed a petition under Section 13 of the Hindu Marriage Act, 1955, alleging that the wife was guilty of cruelty and desertion for a period of more than two years immediately prior to the filing of the petition. He further alleged that she was suffering from schizophrenia of such a kind that it was not safe for him to stay with her. The learned Trial Court found that the present appellant was guilty of cruelty and desertion. Accordingly, on July 21, 1982 the learned trial Judge passed a decree for judicial separation. The appellant approached this Court in an appeal which has been dismissed by the learned Single Judge. Aggrieved by the judgment of the learned Single Judge, the appellant has filed the present Letters Patent Appeal.

(3.) ANOTHER fact which deserves mention is that on March 13, 1982, the appellant filed a petition under Section 9 of the Act for restitution of conjugal rights. This petition was not contested by the respondent-husband. As a result an ex-parte decree for restitution of conjugal rights was passed against him on May 28, 1982.