MAN MOHAN KAPOOR Vs. KAILASH KUMARI

JUDGEMENT

(1.) This civil 1st Misc. appeal is directed against the judgment arid decree dated Feb. 20, 1979, passed by District Judge, Jammu, dismissing the petition for divorce filed by the appellant.

(2.) The facts leading to the filing of the appeal may be noticed first. The appellant is the husband. Respondent is the wife, the marriage between the parties was solemnized on 7-3-1969. Parties lived together for some time. It appears that some matrimonial differences arose between the parties and an application for restitution of conjugal rights was filed by the appellant on 28-71970 and an ex parte decree was obtained by him on 3-11-1971. The appellant filed an execution application on 4/7th Mar., 1972, to which objections were filed by the respondent on 29-1-1973. The execution application was, however, consigned to records in absence of the parties on 8-5-1973. The appellant filed a petition for divorce - on 28-12-1973. The following issues were framed on 203-1974:-

(3.) Whether the petitioner in asking for the relief of divorce is taking advantage of his own wrong? O. P. Non-applicant. 3. Initially, the onus of issue No. 3 was on respondent. She filed a revision in the High Court and the revision was allowed and the onus was changed in 1975, and modified issue, therefore, reads as follows:-- "Whether the petitioner, husband in asking for divorce is not taking advantage of his own wrong or disability? O. P. P." The appellant examined himself as his own witness and did not produce any other witness. The respondent, on the other hand, examined; Miss Phool Ghai, Subash Chander Rekhi, Ram Singh, Kewal Krishan, Romesh Kumar, Anand Saroop, Omparkash, Dharm Paul Ashutosh Sharma and herself appeared in the witness box.