Om Bai vs Ram Kishan

Amarjeet Chaudhary, J.—This appeal is directed against the judgment of the Additional District Judge, Ferozepur, dated 11.3,1987, who on a petition u/s 13(1)(1A)(ii) of the Hindu Marriage Act (hereinafter referred to as ''the Act'') had dissolved the marriage by decree of divorce.

The impugned judgment has been assailed on the ground that the Matrimonial Court has failed to appreciate the fact that the appellant was residing at her in-laws house. As such, the conclusion arrived at by the Court that there is no restitution of conjugal rights after the passing of the decree u/s 9 of the Act, is based on conjectures. The counsel for the respondent states that the appellant has not been able to prove that there was cohabitation after the passing of the decree u/s 9 of the Act. As such, there is no merit in the appeal.

After having considered the submissions of the learned counsel and perusing the paper-book, I am of the considered view that the appellant has not been able to lead any evidence to prove that she has complied with the decree u/s 9 of the Act and she has been cohabiting with her husband after the passing of the said decree. On the other hand, the respondent has been able to prove that the appellant-wife had not lived with him after the passing of the decree for restitution of conjugal rights.

In this view of the matter, there is no merit in this appeal and the same is hereby dismissed. No order as to costs.