JULMI DEVI Vs. RAVI KUMAR

JUDGEMENT

(1.) THIS appeal under Section 28 of the Hindu Marriage Act has been filed by the wife against the judgment and decree passed by the learned District Judge, Mandi in Hindu Marriage Petition No. 20 of 2002 dated 27.10.2004 whereby he has granted a decree of divorce in favour of the husband.

(2.) THE facts of the case necessary for decision of the appeal are that the marriage between the parties took place on 13.12.1988. One daughter was born out of the wed lock. After the birth of the daughter the wife left for her parental village to live with her parents. According to the allegations made in the petition for grant of divorce, the wife from the very beginning, was not interested in living with the husband and she did not permit the husband to have sexual relations with her. The wife was employed whereas the husband was unemployed at that time.

(3.) SINCE the wife did not join his company the petitioner filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. This petition remained pending for about 2 years. Then the wife agreed to join the company of the husband and the matter was compromised before the Lok Adalat. It is alleged that despite the compromise the wife did not join the company of the husband and, therefore, he is entitled to a decree of divorce.