MAJOR JAGTAR SINGH DHALIWAL Vs. MANJIT KAUR

JUDGEMENT

(1.) THIS is husband's appeal whose petition for divorce has been dismissed by the trial Court.

(2.) MARRIAGE between the parties was solemnised in February, 1964 A daughter was born in August, 1970 who is living with her mother. Earlier the husband filed a petition under Section 9 of the Hindu Marriage Act (for short called 'the Act') for the restitution of conjugal rights on September 14, 1977. The said petition was compromised on May 22, 1979. Later on the husband filed a petition for divorce alleging desertion on the part of the wife. The said petition was filed in August 1979. The trial Court dismissed the said petition on May 14, 1980. The appeal was filed by the husband in the High Court which was dismissed on May 20, 1981 vide copy Exhibit P. 3. The husband filed the present petition for divorce in the year 1984 alleging cruelty on the part of his wife. He also pleaded desertion on the ground that the earlier divorce petition was dismissed on the ground that period of two years had not elapsed before filing of the petition and not on merits. The allegations made in the petition were controverted in the reply filed on behalf of the wife. On the pleadings of the parties the trial Court framed the following issues: -

(3.) WHETHER the petition is barred under Order 2 Rule 2 Code of Civil Procedure ?