TEJ KAUR Vs. HAKIM SINGH

JUDGEMENT

(1.) This is an appeal against the decree of the learned District Judge Jammu dated 5th Jany. 65 whereby he has rejected the petition of the appellant for divorce.

(2.) THE facts of the case are very brief. The appellant was granted a decree for judicial separation by the District Judge Jammu on 28 -8 -58 According to the appellant she did not resume cohabitation with the respondent since then. The present application was brought by her on 30 -9 -62. Therefore under S. 13(viii) of the Hindu Marriage Act she claimed a decree for divorce.

(3.) THE defence of the respondent was that he had been sentenced to life imprisonment and there fore it was impossible for him to perform his marital obligations towards the appellant. The appellant was living an adulterous life.