KARUNA Vs. JIWAN PARKASH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 3-1-1997 passed by District Judge, Solan, in H.M. Petition No. 21-S/3 of 1995, whereby decree for judicial separation has been granted in favour of the respondent against the appellant.

(2.) Admittedly parties were married as per Hindu rites and ceremonies on 20-4-1984 at village Kuthar Krishangarh. From this wedlock they have two children, son was 9 years in 1995 when petition was filed and daughter was 5 years at that time.

(3.) Respondent-husband preferred a petition under Section 10 of the Hindu Marriage Act, 1955 for passing a decree of judicial separation in his favour and against the appellant-wife. According to him parties were living separately since 31-3-1993 and since then they did not have any access to each other as also cohabitation. In fact, they never lived as husband and wife together and there is complete severance of marital ties between them. All this was attributed to the appellant-wife.