NASIB KAUR Vs. JARNAIL SINGH

JUDGEMENT

(1.) The present appellant, Nasib Kaur, has impugned the judgment dated April 24, 1997 passed by the learned Single Judge, whereby the appeal filed against the judgment dated November 2, 1987 passed by the learned Additional District Judge, Faridkot, was dismissed. Learned trial Court vide judgment dated November 2, 1987 had dissolved the marriage between the appellant and the respondent, Jarnail Singh. The aforesaid decree of divorce was upheld by the learned Single Judge.

(2.) The marriage between the parties was solemnised about 41 years back in village Bagha Purana, Tehsil Moga District Faridkot...Nasib Kaur filed a petition under Sec. 9 of the Hindu Marriage Act (hereinafter referred to as the "Act") on January 12, 1984. The said petition was decreed on January 8, 1986 and a decree for restitution of conjugal rights was passed. After the expiry of one year and the aforesaid decree having remained unsuccessful and there was being no resumption of cohabitation between the parties, the respondent had filed a petition for dissolution of marriage by a decree of divorce under Sec. 13(1 -A)(ii) of the Act. It was claimed that since there was no resumption of cohabitation between the parties for a period of one year after the passing of decree for restitution of conjugal rights, he was entitled to seek dissolution of marriage between the parties. The said petition was contested by the wife but was allowed by the learned trial Court. The marriage between the parties was dissolved.

(3.) The decree of divorce was upheld by the learned Single Judge in appeal also.