AMARJIT 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.) Respondent filed a petitioner under Section 13(1A) of the Act, alleging that after passing of this decree dated 26.7.1985, there was no resumption of cohabitation between the parties. The respondent further alleged that he tried to bring her back in the matrimonial home but she declined. Hence, there was no resumption of cohabitation between the parties for a continuous period of one year after the said decree. On this count, he claimed divorce.