HARBANS KAUR Vs. JAGTAR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 13.10.1993 passed by the learned Additional District Judge, Hoshiarpur allowing the petition moved by the respondent/husband under section 13 of the Hindu Marriage Act (for short the Act) seeking a decree of divorce.

(2.) THE respondent/husband brought a petition under section 13 of the Act seeking dissolution of marriage by a decree of divorce on the ground that after passing the decree of restitution of conjugal rights on 16.2.1991, there was no cohabitation between the parties which entitled the respondent/husband to a decree of divorce. On notice appellant/wife appeared and contested the claim of the respondent by stating that the wife/appellant stayed with the respondent/ husband as his wife and petition under section 9 of the Act for restitution of conjugal rights was decided ex part in favour of the husband. It was claimed that the parties were residing together and therefore, the respondent/husband was not entitled to the decree of divorce.

(3.) IN support of his case the respondent/husband appeared as PW 1 and made a statement that marriage between the parties had taken place in the year 1964 and the respondent/wife started living separately since 9.8.1988. Petition under section 9 of the Act for restitution of conjugal rights was filed and decree was passed in favour of the respondent/husband on 16.2.1991. Copy of the judgment was exhibited as Ex.A.1 and decree as Ex.A.2. The stand taken was that after the passing of decree the appellant/ wife never stayed with the respondent/husband. Execution was also filed to bring the appellant to matrimonial home. The appellant/wife appeared in the execution through her counsel but subsequently she chose not to appear in the execution. Evidence was also led to prove that the house of the respondent/husband was demolished in a bomb blast on 10.10.1988 in which his son lost his life. Due to demolition of the house the respondent started living in his village whereas the appellant/wife used to live near Officers Colony, Hoshiarpur in House No.461 Piplanwali with her sister. Subsequently, she shifted her residence.