DASSI Vs. DHANI RAM TEKU

JUDGEMENT

(1.) SHRIMATI Dassi, wife of Dhani Ram, respondent filed a petition under section 13 of the Hindu Marriage Act, 1955, for divorce on the ground that her husband was living in adultery with one Shrimati Reoti. The learned trial Court granted to the petitioner a decree for divorce against her husband with costs on 24th January 1962. Against that decree, Dhani Ram filed an appeal which was accepted by D. K. Mahajan j. , on 8th March, 1963, and the petition of Shrimati Dassi was dismissed leaving the parties to bear their own costs throughout.

(2.) SHRIMATI Dassi, feeling aggrieved from the judgment of D. K. Mahajan, J. has filed this Letters Patent Appeal.

(3.) SHRI M. C. Sood, learned counsel for the respondent has raised a preliminary objection that the Letters Patent Appeal is not maintainable as it is not provided in the Hindu Marriage Act, 1955 (hereinafter called the Act ). There is no merit in this objection. Section 19 of the Act provides: