NIRMAL JEET Vs. HARBANS SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and the decree dated 5.5.1986 passed by the learned Additional District Judge, Ferozepore allowing the petition of Harbans Singh Respondent for dissolution of marriage by granting a decree of divorce in his favour and against the Appellant under Sec. 13 of the Hindu Marriage Act (for short 'the Act').

(2.) The marriage between the parties was solemnized on 5.10.1981 at Ferozepore City in accordance with Hindu rites. They cohabited together at the residence of the Respondent but no issue was born out of the wedlock. The Respondent alleged that the Appellant had withdrawn from his society since 1.1.1982 without sufficient cause. He sought a decree of divorce on the ground that the Appellant had deserted him for a continuous period of not less than two years immediately preceding the petition. The Appellant opposed the petition and alleged that the Respondent had not come to the Court with clean hands. He has suppressed the material facts. A petition under Sec. 9 of the Act was earlier filed by the Appellant. The Respondent stated during the course of the proceedings ensuing therefrom that he would wait for one year after the decree for restitution of conjugal rights is obtained by the Appellant and then use the same against her for seeking divorce. She admitted that the parties lived together and cohabited for about 25 days after marriage but stated that thereafter the Respondent had neglected her and had withdrawn from her society without any reason. Both the parties pleaded the fact that an application under Sec. 125 of the Code of Criminal Procedure for maintenance was filed by the Appellant and the Judicial Magistrate 1st Class who tried the same, had granted maintenance to her at the rate of Rs. 200/ - per month. She stated that she was still ready to live with the Respondent if he makes genuine offer full of love and affection. A replication was filed on behalf of the Respondent controvert the assertions made by the Appellant. On the pleadings of the parties, learned Additional District Judge, framed the following issues: -

(3.) Relief.