M.M. Punchhi, J. - (1.) This appeal by the unsuccessful husband has arisen out of a petition for divorce. There existed a decree for restitution of conjugal rights in favour of the husband with effect from 21-9-1982 and since, according to him, there had been no resumption of cohabitation between him and his wife, his claim was based on the provisions of Sub-section (1-A) (ii) of Sec. 13 of the Hindu Marriage Act.
(2.) Some of the undisputed facts are there : The marriage between the parties took place on 1-12-1980. The husband, at that time, was a Bank employee and continues to be so. His parents were residents of Sonepat. The wife had a teaching job in a private school at Ghanaur. Her parents resided in that town. After the marriage, she came to the house of the husband at Sonepat but still kept the job at Ghanaur. These two towns are stated to be 20 kilometres apart and the wife would visit Ghanaur to fulfil her teaching duties. A male child was born to the wife on 7-1-1982. Some- where in July 1982, the parties fell apart. Reasons for such a step are a matter of detail with which presently we are not concerned. On 21-9-1982, the husband filed a petition for restitution of conjugal rights. This petition came up for consideration before Sh. I.M. Malik, District Judge, Sonepat. The wife made statement Exhibit R-5 on oath before the learned District Judge. She said (translatedly) as follows : "I am prepared to go with the petitioner and shall fulfil all the obligations as his wife. The reason is because the petitioner has, in the presence of the Court, lifted the Ramayana and assured me that he would henceforth treat me properly." Similarly, the husband stated : "I have heard the statement of the respondent which is correct."
(3.) The learned District Judge, on the statements of the parties, would have been well advised to dismiss the petition for restitution of conjugal rights as infructuous but, instead, the learned Judge, vide order Exhibit P-2, observed that. in terms of the statements of the parties, the petition is accepted and a decree for restitution of conjugal rights is passed in favour of the petitioner and against the respondent. Formal decree Exhibit P-1 was thus passed on 12-8-1983. And this became foundational for the claim of divorce.;