LAD KANWAR Vs. JAGDISH

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) Respondent Jagdish had filed a petition No. 92 of 1973 against appellant Mst. Lad Kanwar, daughter of Ram Kalyan for restitution of conjugal rights in the Court of District Judge, Kota. The learned Judge had called the parties. He made every endeavour to bring about reconciliation between the parties. Thereafter appellant Lad Kanwar made an application before the Court mentioning therein that Jagdish had treated the petitioner with such cruelty as to cause a reasonable apprehension in her mind that it would be harmful for her to live with him. On this ground of cruelty a decree for judicial separation had been prayed to be passed. In support of her application affidavits had also been filed. Though the evidence in that case had been given through affidavits, the other party had not opposed it. Accordingly the learned Judge reached the conclusion that Jagdish had maltreated his wife, and eventually held that Mst. Lad Kanwar was entitled to a decree for judicial separation. 2. Thus at the request and insistence of Mst. Lad Kanwar a decree for judicial separation had been obtained by her in her favour on April 13, 1974. None of the parties challenged this decree in appeal or otherwise. After the expiry of two years of the decree passed in Civil Misc. Case No. 92 of 1973, Jagdish filed a petition for divorce before the learned District Judge under Section 13 of the Hindu Marriage Act, 1955 on the ground that there has been no resumption of cohabitation between the parties to the marriage for a period of two years after the passing of the decree for judicial separation in the proceedings to which they were parties. The learned Judge after taking necessary proceedings and hearing the parties passed a decree for divorce in accordance with Section 13 (1A) of the Hindu Marriage Act, 1955 vide her judgment, dated August 11, 1977.

(3.) The appellant has challenged the above verdict of the trial court through this appeal.