SUKHVINDER KAUR Vs. DILBAGH SINGH

JUDGEMENT

(1.) THE appellant wife has come up in appeal assailing the judgment and decree dated 25.1.1991 passed by the Additional District Judge, Hoshiarpur, in HM Case No. 20 of 1990 filed Under Section 13(1 -A)(ii) of the Hindu Marriage Act, (for short 'the Act').

(2.) THE brief facts of the case are that the appellant was married to the respondent according to Sikh rites in September, 1984. Thereafter, they resided together and cohabited. But she could not give birth to any child in this wedlock. They lived together for two years only. Since then they are living separately.

(3.) ON 27.3.1989 the appellant filed appeal (F.A.O. No. 58 -M of 1989) against the aforesaid judgment and decree allowing the respondent's petition filed Under Section 9 of the Act. On the same day, she also filed another appeal (F.A.O. No. 57 -M of 1989) against the judgment and decree whereby her petition Under Section 13 of the Act was dismissed. On 17.4.1990 the appellant filed another HM Case No. 20 of 1990 Under Section 13(l -A)(ii) of the Act seeking dissolution of marriage by a decree of divorce on the ground that though a decree of restitution of conjugal rights has been passed on 4.1.1989, but there has not been any restitution of conjugal rights between the parties.