GURDIP KAUR Vs. SAT PAL SINGH

JUDGEMENT

(1.) WIFE appellant has assailed the judgment and decree passed by Shri H.S. Bakhshi, District Judge, Hoshiarpur on 17.4.1979 whereby he allowed petition filed by respondent Sat Pal under Section 13(1 -A)(i) of the Hindu Marriage Act 1955 (in short the 'Act').

(2.) UNCONTROVERTED facts of the case are that the appellant was married to respondent on 4.3.1984 at Village Munak Kalan according to Hindu rites. She gave birth to a daughter who is residing with her. This marital tie could not last long in harmony. The appellant wife filed a petition under Section 10 of the Act for judicial separation in the Court of Additional Senior Sub Judge, Dasuya oa 6.5.1987. On 3.9.1987 decree was passed in that case. Respondent husband filed a petition under Section 13(1 -A)(i) of the Act on 6.9.1988 alleging that after passing of the decree of judicial separation he and his wife have not resumed co -habitation and prayed that a decree of divorce be passed on that count.

(3.) IN the replication, husband petitioner denied that in February, 1988 he lived with his wife and resumed co -habitation.