NIRMLA Vs. PREM SAGAR

JUDGEMENT

(1.) WIFE -appellant has assailed the divorce decree passed by the Trial Court under Section 13(I -A)(ii) of the Hindu Marriage Act, 1955 (in short the Act).

(2.) ADMITTEDLY , the appellant was married to the respondent on April 11, 1986. Husband -respondent filed a divorce petition on November 8, 1989 which was dismissed in default on December 14, 1990. Wife -appellant filed a petition under Section 9 of the Act for restitution of conjugal rights and obtained an ex parte decree on August 25, 1990.

(3.) APPELLANT -wife submitted her reply, raised preliminary objections and inter alia contended that after marriage she was maltreated by the respondent -husband. In May, 1987 she was given severe beating and was turned out of the matrimonial home. Once the husband tried to sprinkle kerosene oil on her clothes and threatened to kill her. Thereupon, a case under Section 107/151 Cr.P.C. was registered against him. It was also objected that his earlier divorce petition was dismissed on December 14, 1990. Hence this petition was barred by res judicata. She was always ready to resume cohabitation but the husband -respondent always avoided.