MITA GUPTA Vs. PRABIR KUMAR GUPTA

JUDGEMENT

(1.) A petition for divorce under the Hindu Marriage Act was filed by the respondent-husband on the ground of cruelty and desertion by the wife-appellant and also on the ground of non-restitution of conjugal rights for more than one year after the passing of a decree to that effect between the parties. The trial court has negatived the first two grounds but has decreed divorce on the third ground.

(2.) Even though the grounds of cruelty and desertion alleged by the respondent-husband have been decided against him, the petition for divorce filed by him having been decreed in his favour, the husband, even as a respondent, could, as provided in O.41, R.22 of the Code of Civil Procedure, have urged, and that without filing any cross-objection, that the petition for divorce ought to have been decreed on those two grounds also. But the learned counsel appearing for the respondent-husband not having done that, the only question that would require our consideration in this case is whether the trial Judge was right in decreeing divorce on the ground of non-restitution of conjugal rights between the parties for more than one year after a decree for such restitution was passed in favour of the wife-appellant against the husband-respondent.

(3.) The legislative laws on the point are not in doubt; but, as is not unusual, the case-laws clustering round them are not that clear. The relevant legislative provisions of the Hindu Marriage Act may be reproduced hereinbelow :-