GIAN KAUR Vs. HARI KISHAN
LAWS(P&H)-1983-11-109
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 23,1983

Appellant
VERSUS
Respondents

JUDGEMENT

G.C. Mittal, J. - (1.) The parties were married in Nov., 1976. Out of the wedlock, two sons were born. The elder son did not survive. On 4-5-1981, the husband filed a divorce petition on the sole ground that he obtained a decree for restitution of conjugal rights on 22-4-1980 on a petition filed on 4-2-1980 and that after the passing of the aforesaid decree, he made all sincere and faithful efforts to reconcile and bring his wife back but she flatly refused to resume cohabitation and since there was no resumption of cohabitation for a period of over one year after the passing of the decree for restitution of conjugal rights, he was entitled to divorce. The wife contested the petition and pleaded that she had no knowledge of the decree for restitution of conjugal rights and had come to know of the same from the averments contained in the divorce petition. It was pleaded that she was neither served nor informed of the proceedings for restitution of conjugal rights. She further pleaded that in Dec., 1980, her husband had come to her village and cohabited with her for seven nights and he went back with the promise that soon he will take her along with him. During the period of stay, he did not mention about any decree. She further pleaded that about a year and half back, she was beaten and was left by her husband at her parents' house.
(2.) On the contest of the parties, the following issues were framed : 1. Whether there has been no resumption of cohabitation between the parties for a period of one year or more after the passing of a decree for restitution of conjugal rights ? OPP. 2. Relief.
(3.) After evidence was led, the trial Court by judgment and decree dated 13-1-1982 allowed the divorce petition and dissolved the marriage. The wife has come to this Court in this appeal.;


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