KIRPAL SINGH Vs. TEJ KAUR

JUDGEMENT

(1.) The parties were married on March 24, 1963. After the marriage, for sometime, the parties lived together at village Ranjhla. No child was born out of their wedlock. Their relations became strained and on account of this, the parties began to live separately. The appellant earlier brought a suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 ( No. 25 of 1955) (hereinafter referred to as the Act) and his application was allowed on June 19, 1970. The present application is filed by the husband (appellant) under Section 13(1-A)(ii) of the Act for dissolution of the marriage on the ground that the respondent has failed to comply with the decree for restitution of conjugal rights for a period of two years.

(2.) The allegations, in the application are controverted by the respondent and it was averred that she was still ready and willing to reside with the appellant as his wife but the appellant who was a school teacher, did not like to keep her as his wife because she was illiterate. It is further alleged that in order to get divorce, on a previous occasion, the appellant filed a petition for restitution of conjugal rights on false pleas.

(3.) The parties contested the suit on the following issues :-