RADHE LAL Vs. SMT. BRIJ LATA

JUDGEMENT

(1.) DID the parties live together and was there restitution of conjugal rights between them after the husband obtained a decree to this effect against the wife ? This is the matter that arises for determination in appeal here.

(2.) ON May 20, 1982, the husband Radhey Lal obtained a decree for restitution of conjugal rights against his wife Brij Lata. A little over a year thereafter, on May 24, 1984, he filed the present petition under Section 13(1)(a) of the Hindu Marriage Act, 1955, seeking divorce on the ground that there had been no restitution of conjugal rights between them since the passing of the decree. This was contested by the wife Brij Lata, who put -forth the plea that after the passing of the degree for restitution of conjugal rights, she accompanied by her father went to the husband's house in village Sukhrali and lived with him till July 20, 1982, the day on which her father died. She learnt of her father's death in school that day and on hearing of it, she went to her father's house and then returned in the evening to her husband's house in village Sukhrali and informed him of her father's death. He however, sharply reacted to this, rebuked her and turned her out of the house and since then they have been living separately. The trial Court accepted this plea. It is this finding which is now assailed.

(3.) ON February 13, 19S1, the husband filed another petition for divorce on the ground of desertion and cruelty and in the alternative he sought a decree for restitution of conjugal rights. A decree for divorce was denied to the husband, but he was granted decree far restitution of conjugal rights on May 20, 1982. It has also come on record that on July 12, 1982, the husband filed an appeal against the judgment of the District Judge denying him the decree for divorce as prayed Tor. This appeal was dismissed by the High Court on August 24, 1982. It was thereafter that the present petition for divorce was filed on May 24, 1983.