SUDESH KUMARI Vs. SURINDER KUMAR

JUDGEMENT

(1.) The challenge here is by the wife-Sudesh Kumari to the decree for divorce granted to her husband-Surinder Kumar under Section 13(1)(a) of the Hindu Marriage Act, 1955 , on the ground that there had been no resumption of co-habitation between them for over a year since the passing of a decree for restitution of conjugal rights in favour of the husband.

(2.) The marriage between Sudesh Kumari and Surinder Kumar took place on June 26, 1977. They have two sons-one born in December, 1978 and the other in April, 1983. As per the husband, they have been living apart since September, 1982, while the case of Sudesh Kumari is that she and her husband lived together again at Rajpura form November, 1983 onwards for about six months.

(3.) The record shows that there has been a spate of litigation between the parties commencing with a petition by the husband under Section 9 of the Hindu Marriage Act, 1955 seeking a decree for restitution of conjugal rights. This was filed at Rajpura on January 10, 1983 and an ex parte decree came to be granted to the husband on May 18, 1983. During the pendency of this petition, on December 24, 1982 the wife failed an application at Jagadhri under Section 125 of the Criminal Procedure code, 1973, claiming maintenance for herself and her son, from her husband. In this application, there was an allegation that her husband had developed illicit relations with his younger brother Jagdish Lal's wife. Based upon these allegations, Jagdish Lal, on June 13, 1983 filed a criminal complaint under Section 500 of the Indian Penal Code against Sudesh Kumari, her father and other relations. This complaint was filed at Rajpura. This was followed by an application being filed by Sudesh Kumari on October 22, 1983 seeking the setting aside of the ex parte decree for restitution of conjugal rights obtained by her husband from the court at Rajpura.