SHIV CHARAN DASS Vs. SAVITRI DEVI

JUDGEMENT

(1.) This first appeal in a matrimonial cause is directed against the judgment of the learned District Judge, Karnal, dated October 13, 1978. The respondent was granted a decree of judicial separation against her husband on August 4, 1976. Cohabitation having been not resumed between the parties for more than a year since then, the appellant filed the present petition under section 13(1-A) (i) of the Hindu Marriage Act, 1955 (hereinafter called the Act) for dissolution of their marriage. The petition was opposed by the respondent who initially denied the averment that cohabitation between the parties had not been resumed for a period of more than a year since the date of the decree of judicial separation but later on this plea was abandoned and the application was opposed solely on the ground that the appellant was not entitled to get the benefit of his own wrong and claim a decree for dissolution of the marriage on the basis of the earlier decree secured by her. Reliance for this objection was placed on the provisions of section 23(l)(a) of the Act and the Division Bench decision of this Court in Chaman Lal v. Smt. Mohinder Devi,1971 PunLR 104. This decision has since been overruled by a Full Bench of this Court in Bimla Devi v. Singh Raj, 1977 1 ILR(P&H) 765 wherein it was observed :

(2.) In view of this authoritative pronouncement in Bimla Devi's case , this petition is allowed and the judgment of the trial Court reversed. A decree for dissolution of marriage between the parties is accordingly granted. No costs.