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1987 Supreme(Cal) 208

A.M.BHATTACHARJEE
SUMITRA – Appellant
Versus
GOBINDA – Respondent


Advocates Appeared:
A.R.MONDAL, K.K.BHATTACHARJEE, M.P.BANERJI, PARUL BANERJI

A. M. BHATTACHARJEE, J.


( 1 ) THE questions that have been referred to me under Clause 36 of the Letters Patent, on a difference of opinion between my Learned brothers Das Ghosh, J. and Ghosh, J. , have been formulated by the learned Judges as hereunder :- "1. Does S. 10 (2) of the Hindu Marriage Act, 1955 impose any liability on the husband to cohabit with the wife, after the wife obtains a decree for judicial separation against the husband and, if so, does the failure of the husband to discharge this obligation constitute a 'wrong' within the meaning of S. 23 (1) (a) of the Hindu Marriage Act, 1955 ?

( 2 ) DOES failure on the part of the husband to pay alimony to the wife, after the wife obtains a decree for judicial separation against him, constitute any 'wrong', keeping in view the provisions of S. 13 (2) (iii) of the Act, and if so, does this 'wrong' disentitle the respondent also to get a decree of divorce under S. 13 (1a) of the Hindu Marriage Act ?" 2. The facts in brief. The wife appellant obtained in 1980 an ex parte decree for judicial separation against the husband-respondent under S. 10 of the Hindu Marriage Act. In 1983, the husband has initiated this present matrimon







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