KIRANDEEP KAUR Vs. DR. AJINDER SINGH

JUDGEMENT

(1.) A plea filed by the appellant -wife under Section 9 of the Hindu Marriage Act (hereinafter referred to as "the Act") for the restitution of conjugal rights, did not find favour with the learned Trial Court which negatived it, vide the impugned judgment and decree dated 8.9.2000. The appellant -wife is in appeal against it.

(2.) THE plea for restoration of conjugal rights was based on allegations which may be indicated as under:

(3.) THE respondent -husband averred that the appellant -wife is disentitled to the grant of any relief as she has not come to the Court with clean hands. The petition was averred to be barred by res judicata . The appellant was further averred to be estopped, by her own act and conduct, from filing the present petition in view of the fact that she had already, unsuccessfully though, invoked the jurisdiction of the two Courts superior to the Sheriah Court, which granted the impugned decree for dissolution of marriage, and had thereby acquiesced in the jurisdiction of those Courts. It was further alleged that the decree for dissolution of marriage followed a mutual divorce agreement dated 31.12.1992 (Mark PZ) which had been voluntarily executed by the parties. The further averment, in the context, is that it was in terms of that agreement that the female child is putting up with the appellant -wife and the male child is putting up with the respondent -husband. It was also averred that the appellant -wife had already exhausted the remedies available to her in the Ist Appellate Court and highest Court of the land in Abudhabi. It was also the further averment that since the marriage between the parties stands dissolved under the orders of the Sheriah Court and that finding had been upheld up to the highest Court of the land in Abudhabi, the appellant -wife having submitted to the jurisdiction to the Courts over there cannot be allowed to raise a plea afresh in India for the restitution of conjugal rights.