AMAR JIT Vs. SUNDER LAL

JUDGEMENT

(1.) SMT. Amarjit filed a petition on 5-11-1986 under Sections 12 and 13 of the Hindu Marriage Act, 1955, (hereinafter referred to as 'the Act'), for dissolution of her marriage with Sunder Lal on the ground that after marriage they lived together for five days and yet he was not able to have sexual intercourse with her on account of impotency and also on the ground of cruelty meted out to her for demand of more dowry.

(2.) THE husband opposed the petition and denied the allegations levelled against him. In the trial Court, the wife filed an application under Section 24 of the Act for grant of maintenance pendente lite and the Court by order dated 7-2-1987 awarded her Rs. 250/- as litigation expenses and Rs. 100/- per month as maintenance pendente lite. Since the husband did not pay the litigation expenses and the maintenance pendente lite, by order dated 11-3-1987, his defence was struck off.

(3.) THEREAFTER, the evidence of the wife, was recorded and by judgment and decree dated 15-4-1987, the divorce petition was dismissed on the ground that the wife had filed an earlier petition for divorce on the ground of impotency, which was dismissed and this petition was barred by res-judicata. As regards the cruelty, finding was recorded that the same was not proved. This is wife's appeal against the aforesaid order.