JOGA SINGH Vs. GURDIP KAUR

JUDGEMENT

(1.) THIS appeal arises out of the judgment of District Judge, Una, in Hindu Marriage Petition No. 27 of 1985 decided on 23 4 1986. By this judgment, a petition by the respondent under Section 13(1 A)(ii) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") has been granted and a decree for dissolution of marriage by way of divorce has been passed in favour of the respondent wife. The appellant has a grievance against this decision. Therefore, the same has been assailed by this appeal.

(2.) THE brief facts are that the marriage between the parties took place somewhere in June, 1977 in village Bhadsali in District Una according to prevalent rites and ceremonies. The respondent remained with the petitioner for a short duration of 10 to 15 days and then left to live with her parents and thereafter there was no cohabitation between them. There is no issue out of this wedlock.

(3.) THROUGH a petition under Section 13(1A)(ii) of the Act, the respondent alleged that after the passing of the decree for restitution of conjugal rights in favour of the appellant, there has not been cohabitation between the parties for more than the statutory period nor there was any intention to resume the same. This petition was opposed by the appellant who pleaded that he took steps to resume cohabitation between the parties and it was the respondent who has intentionally disobeyed the decree for restitution of conjugal rights. It was thus pleaded that the petition deserved dismissal as the respondent was herself responsible for disobeying the same and could not take advantage of her own wrong as enjoined by Section 23(1)(a) of the Act. These submissions of the appellant were repelled by the District Judge and the prayer of the respondent was thus allowed compelling the appellant to move this Court by way of this appeal.