AMARJIT KAUR ALIAS KARAMJIT KAUR Vs. JAGSIR SINGH

JUDGEMENT

(1.) APPELLANT -wife has approached this Court under Section 28 of the Hindu Marriage Act for setting aside a divorce decree passed under Section 13 (1-A) of the Hindu Marriage Act (in short the 'act' ).

(2.) UNCONTROVERTED facts of the case are that the appellant was married to the respondent in the month of March, 1973 at Village Malla according to Anand Karaj ceremony. Thereafter, they resided together in Village Bargari but were not blessed with any child. The husband respondent filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights on 5. 3. 1984 which was decreed in his favour on 26. 7. 1985 vide judgment Annexure A-1.

(3.) APPELLANT -respondent in that case filed her written statement alleging that the respondent husband was never willing to resume cohabitation with her though she tried her level best for the same. She filed a petition in the Executing Court for execution of the said decree. Despite notice, the respondent failed to appear in that Court. Thus, he cannot take ad vantage of his own wrong. She further pleaded that after the said decree on 10. 3. 1987 the parties arrived at a compromise on the intervention of certain respectables whereupon in pursuance of that agreement, she went to her matrimonial home on 13. 3. 1987. The appellant and the respondent resided together in Village Bargari and she became pregnant from the loins of the respondent. Hence, she denied to respondent's claim of divorce on that count.