RACHAN KAUR Vs. BHAG SINGH

JUDGEMENT

(1.) FACTS giving rise to this appeal most of which are not in dispute, are that marriage between the parties was solemnised on 11th May, 1983 at Una as per Hindu customs and the parties lived as husband and wife till 1984. From this wedlock, a female child was born on 14th July, 1984, who is living with the appellant-wife, Smt. Rachan Kaur. Further facts on which the parties are not at variance are that when the marriage had taken place, the respondent-husband, Bhag Singh was employed in Assam and thereafter at Orissa. It is further also not in dispute that in an earlier matrimonial lis filed by the appellant-wife, Smt. Rachan Kaur against the respondent-husband, Bhag Singh under Section 9 of the Hindu Marriage Act vide Case No. 1 of 1988, titled as Smt. Rachan Kaur v. Bhag Singh, learned Senior Sub Judge, Una vide his judgment and decree dated 18th November, 1989 passed a decree for restitution of conjugal rights and a copy of this judgment and decree is placed on the file of the present case, as Ext.PA.

(2.) AFTER the passing of the decree aforesaid vide Ext. PA, the respondent-husband filed the present petition under Section 13(1-A)(ii) of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act'), on the following ground:-

(3.) IN support of their respective pleas and on the issues aforesaid, the respondent-husband appeared as his own witness as PW-1 and the appellant wife appeared as her own witness a RW-1. In addition to this, Ext PA, copy of judgment and decree in proceedings under Section 9 of the Act ibid was also produced on record by the respondent-husband in support of his case. In this context, it may be proper to state here that the appellant-wife during the course of her cross-examination feigned ignorance regarding the passing of this judgment and decree, though admitted having filed the case.