MOHANLAL Vs. MOHAN BAI

JUDGEMENT

(1.) THIS is an appeal by Mst. Mohan Bai against the judgment and decree of the district Judge, Jaipur City dated 22nd January, 1957.

(2.) MST. Mohan Bai, who is the legally wedded wife of Mohan Lal, filed a suit against her husband in the Court of the District Judge, Jaipur City on 15th March, 1956 for dissolution of marriage on the ground that her husband had married a second wife before the commencement of the Hindu Marriage Act, 1955 and that his other wife is still living. The suit was contested by Mohanlal on the ground that the plaintiff cannot be allowed to take advantage of her own wrong inasmuch as she refused to live with her husband and it was for this reason that the husband had to contract a second marriage. The lower Court decided the suit against the defendant and held that there was no substance in the plea of the defendant regarding the wife taking advantage of her own wrong. A number of other points were also agitated in the lower Court, but we are not concerned with them in this appeal. The only point which has been raised by the appellant in this appeal is that the Court below was wrong in ignoring the provision of Section 23 (a) of the Hindu Marriage Act, 1955.

(3.) THE learned counsel of the appellant has argued that the defendant was forced to marry a second wife as the plaintiff had refused to live with him and the second marriage was contracted as a result of refusal on the part of the plaintiff to live with her husband and the wife should not now be allowed to claim a decree of divorce on the ground specified in Section 13 (2) of the Hindu Marriage Act, 1955.