SHRIMATI AMRA VATI Vs. RAJ KUMAR

JUDGEMENT

(1.) THIS is an appeal filed by Shrimati Anna Vati against the decision of the learned Senior Subordinate Judge, Ludhiana, granting the petition for the dissolution of marriage by a decree of divorce filed by her husband Raj Kumar Rattan.

(2.) THE facts are not in dispute. A decree for restitution of conjugal rights was passed in the husband's favour by the learned District Judge. Ludhiana, on 26th of December, 1962 The wife filed an appeal against that decree which was dismissed by this Court on 23rd of February, 1966. Thereafter, on 18th/19th April 1966, a petition was made by the husband under Section 13(1) fa) of the Hindu Marriage Act, 1955 against his wife for the dissolution of the marriage by a decree of divorce on the ground that there had been no restitution of conjugal rights between the parties to the marriage for a period of two years after the passing of the decree for the restitution of conjugal rights. This petition was contested by the wife, who pleaded that she had complied with the said decree and had stayed with her husband performing her marital obligations with effect from 1st of April to 6th of April, 1966.

(3.) BOTH the parties led evidence in support of their respective contentions. After discussing the entire evidence the learned Senior Subordinate Judge came to the conclusion that the Respondent had not lived or resumed cohabitation with the husband after the passing of the decree for the restitution of conjugal rights against her On these findings, the petition filed by the husband was allowed and a decree dissolving the marriage between the parties was passed. Against that decision, the present appeal has been filed by the wife.