DEVI SINGH Vs. SUSHILA DEVI

JUDGEMENT

(1.) This is an appeal under section 18 of the Rajasthan High Court Ordinance, 1949, against the judgment of the learned single Judge of this Court dated 28-3-1979 whereby the appellant's Civil Misc. Appeal No. 118 of 1978 was dismissed and the judgment and decree of the learned District Judge, Jodhpur, dated 16.8.1978 was maintained whereby the appellant's petition under section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for the grant of decree of divorce was dismissed.

(2.) The material facts may briefly be stated as under:-

(3.) Necessary issues were framed and after trial of the petition the same was dismissed by the learned District Judge on 6-8-1978, Issue No. 1 relating to withdrawal of the non-petitioner from the society of the petitioner without any reasonable excuse since 1964, was decided in favour of the non-petitioner and issue relating to res judicata was also found in favour of the non-petitioner. Dissatisfied with the judgment and decree of the learned District Judge the husband-petitioner preferred an appeal before this Court. The same was dismissed by the learned Single Judge on 28-3-79. The learned Single Judge affirmed the findings of the learned District Judge. The learned Single Judge found that it has not been established that the wife has been living separate from the husband without reasonable excuse. It was also found by the learned Single Judge that there is no cogent and convincing evidence on record to hold that the petitioner had made bona fide and reasonable efforts by removing all apprehensions of his wife by creating such atmosphere so as to facilitate the return of the wife to the matrimonial home. Consequently, the issue relating to res judicata was also found in favour of the non-petitioner by the learned Single Judge for the reason that new facts and circumstances have not come into existence. Dissatisfied with the judgment and decree of the learned Single Judge the present appeal has been preferred.