D.S.Tewatia, J. - (1.) Smt. Kamal Kanta married Shri Darshi Ram on 5th May, 1967 at Jagadhri, when her father was posted. She at that time was a teachers posted in village Nasrali, while her husband was posted as a clerk in the office of the Punjab Civil Secretariat, Chandigarh and his parents resided in village Balheri. After marriage, the couple reached village Balheri on 6th May, 1967 and after staying there for a night on 7th May, 1967 reached back Jagadhri from where they again went tack to village Belhari the next day i.e. 8th May, 1967. After staying there for a day Smt. Kamal Kanta proceeded to her place of posting, while her husband proceeded to his laws place of posting at Chandigarh. Thereafter, the aforesaid couple never lived together.
(2.) On 6th June, 1967 Smt. Kamal Kanta hereinafter referred to as the petitioner moved a petition under Sec. 12 of the Hindu Marriage Act (hereinafter called the Act) for the annulment of her marriage with Darshi Ram (hereafter referred to as the respondent) on the ground that he played a fraud on her and on her father by misrepresenting himself as police inspector and his educational qualifications. She also claimed in the alternative judicial separation on the ground of cruelty, both mental physical.
(3.) The matrimonial Court dissolved the, marriage by its order dated 13th Jan., 1969, but the said judgment was set aside in appeal by this Court on 8th Oct., 1969. However, the case was remitted back to the matrimonial mental Court for deciding the alternative relief of judial separation claimed by the petitioner-wife.;