BANTI DEVI Vs. MOTI RAM

JUDGEMENT

(1.) The parties were married according to Hindu rites on 30-11-1975. After a short span of about three years, the relations between the parties became strained and the wife, Smt. Banti Devi had to leave the house of her husband, Moti Ram. The wife then filed a petition under S.9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act for restitution of conjugal rights. The husband did not contest the said petition and a decree for restitution of conjugal rights was given ex parte on 10-5-1983. Even after the said decree, there was no restitution of conjugal rights, as such the wife filed a petition under S.10 of the Act for judicial separation on 6-8-1984. The wife in this petition also levelled an allegation that the husband had married another woman. This petition was also not contested by the husband and was allowed ex parte by judgment dated 12-10-1984. After the said decree for judicial separation, the husband filed the present petition for divorce on 19-10-1987 on the ground that there was no resumption of cohabitation between the parties after the passing of the decree for judicial separation and as such the petitioner was entitled to a decree of divorce.

(2.) The above facts are almost admitted between the parties.

(3.) The wife contested the present petition for divorce on a legal ground to the effect that the petitioner husband cannot take benefit of his own wrong and get a decree for divorce. It has been alleged by the wife that the husband had deserted her and now married another woman and as such he was not entitled to a decree for divorce as contemplated under S.23(1)(a) of the Act.