MADHUKAR BHASKAR SHEOREY Vs. SARAL MADHUKAR SHEOREY

JUDGEMENT

(1.) THIS is an appeal by the original petitioner against the judgment and order dated 14th October 1968 of a Judge of the Bombay City Civil Court dismissing his petition for divorce under Section 13 (1-A) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Hindu Marriage Act" ). The petitioner is the husband. The respondent is the wife.

(2.) THE brief facts leading to this litigation are that the petitioner was married to the respondent on 22nd February 1961 in Nagpur according to Hindu Vedic rites. On 26th June 1964 the respondent filed in the Court of the learned Civil Judge, Senior Division Nagpur, a petition for judicial separation inter alia under Section 10 (1) (a) and (b) of the Hindu Marriage Act on the grounds of desertion and cruelty. On 12th January 1965 a decree for judicial separation was passed in favour of the respondent. There are fortunately no children of the marriage.

(3.) THEREAFTER in 1968 the petitioner filed in the Bombay City Civil Court the petition from which the present appeal arises under Section 13 (1-A) of the Hindu Marriage Act praying for divorce on the ground that there has been no resumption of cohabitation as between the parties to the marriage for a period or upwards of two years after the passing of the decree for judicial separation. The said petition was dismissed by the Bombay City Civil Court on 14th October 1968 by the order under appeal. Against the said order of dismissal the present appeal has been filed by the petitioner husband in this Court against his wife the respondent.