SHAKUNTLA Vs. OM PARKASH

JUDGEMENT

(1.) In 1974 Smt. Shakuntla Devi, filed a petition for judicial separation under section 10 of the Hindu Marriage Act, 195 (hereinafter called 'The Act'), against her husband Om Parkas By judgment and decree dated 11th March, 1976, Exhibit P-1 her petition was allowed and a decree for judicial separation was granted. On 26th' September, 1979, the husband filed a petition under section 13 of the 'Act,' to seek divorce on the ground that since the grant of decree of judicial separation, they have not lived together nor resumed co-habitation. The petition was contested by the wife. In evidence both the parties stated that since 1973 till the date of filing of divorce petition, they have been living separately and had not cohabited. The Court below by judgment and decree dated 15th December, 1980 granted a decree of divorce on the ground that the parties had not resided or co-habited for a period of more than one year since the grant of decree for judicial separation. This is wife's appeal.

(2.) After hearing the learned counsel for the parties, I am of the view that there is no scope for interference, with the judgment and decree passed by the Court below, The wife obtained a decree for judicial separation on 11th March, 1976 and it was the plea and evidence of the husband that since then they have not resided together nor co-hahited. The wife in her statement also admitted that since 1973 they have neither lived together nor co-hahited. Therefore, the case clearly falls under section 13 (l-A)(i) of the Act. On the admitted facts of the case the Court below rightly granted divorce.

(3.) For the reasons recorded above, this appeal is dismissed with no order as to costs.