JEET KUMAR Vs. RAMA KUMARI

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Additional District Judge Rohtak, dated 5. 5. 1987, who had dismissed the petition filed by the petitioner Jeet Kumar under Section 13 of the Hindu Marriage Act for dissolution of marriage by a decree of divorce.

(2.) THE brief facts of the case are that Smt. Rama Kumari, respondent, had filed a petition under Section 9 of the Hindu Marriage Act for the restitution of conjugal rights which was decreed on 4. 9. 1985. Even after the passing of the decree, no cohabitation had taken place between the parties and the decree was not complied with for more than a year. Thereafter Jeet Kumar, appellant hereinafter referred to as the petitioner, had filed a petition under Section 13 of the Hindu Marriage Act for dissolution of marriage by a decree of divorce on the main ground that after passing of a decree for restitution of conjugal right, the marriage had not been con summated as the parties were living separately and period of more than one year from date of passing of decree had lapsed. As such, the petitioner was entitled to a decree of divorce.

(3.) THE petition was resisted by the respondent and the allegations levelled therein were denied by her.