Amarjeet Chaudhary, J. - (1.) THIS is wife's appeal against the judgment of Additional District Judge, Barnala, dated 22.10.1991, who had allowed the petition filed by her husband for dissolution of marriage and granted a decree of divorce.
(2.) THE relevant facts of the case are that Sodan Singh husband of the present appellant had filed a petition under Section 9 of the Hindu Marriage Act against her on 16.7.1984 and that petition was decreed on 28.4,1987. Thereafter, the appellant did not resume cohabitation in spite of the decree. The appellant had also filed an application under Section 125 Cr.P.C. on 12.3.1985 in a Court at Mansa and it was allowed on 1.12.1988 but was dismissed by District & Sessions Judge on 28.4.1989 in revision petition filed by the petitioner -husband. The appellant had failed to resume cohabitation even after the passing of decree for restitution of conjugal rights for a period of more than one year before the filing of the petition. It was under the circumstances that the respondent filed a petition for dissolution of marriage by a decree of divorce. The wife had taken the plea that her husband had been pressing her to bring more dowry. As she could not meet his demands, she was beaten and was turned out of the house. A sum of Rs. 1000/ - was given by her parents to her husband. Thereafter, again, she was given beating and was turned out of the house on 12.1.1991. She is living in the house of her parents since then.
(3.) THE Trial Court on the said pleadings of the parties, framed the following issues: (1) What is the effect of the pendency of the appeal taken from the decree dated 28.4.1987 providing for restitution of conjugal rights between the parties passed on the husband's petition moved Under Section 9 of the Hindu Marriage Act, 1956 ? D.P.R. (2) Whether there has been no resumption of cohabitation between the parties for a period of more than one year and upward subsequent to the passing of the decree dated 28.4.1987 providing for restitution of conjugal rights between them ? OPP. (3) Relief.;