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1970 Supreme(Del) 266

HARDAYAL HARDY, D.K.KAPUR
CHANDER PRAKASH – Appellant
Versus
SUDESH KUMAR – Respondent


Advocates Appeared:
A.N.Monga, ANUP SINGH, S.L.Bhatia

D. K. KAPUR, J.

( 1 ) THE appellant in this Letters Patent Appeal is the husband, who had brought a petition for divorce under section 13 of the Hindu Marriage Act, 1955, against his wife, who is the respondent in this appeal. The decree for divorce was claimed on the ground that the respondent was living in adultery. The case was tried by Shri K. S. Sidhu, Additional District Judge, who found from the circumstances of the case that the respondent had left the appellant one day after the marriage and was living in adultery. He, therefore, granted the decree, as claimed, by his judgment dated 25th September, 1967. On appeal to this court, Deshpande, J. held that adultery had not been established and thus reversed the decision of the trial court on this ground. However, the learned Single Judge granted a decree for judicial separation on the ground of desertion by his judgment dated 7th October, 1969. On the facts found, it was clear that the marriage took place on 16th January. 1966, and only one day after the marriage, i. e. on 17th January, 1966, the respondent left the appellant. I shall subsequently deal with the circumstances in which the relief of judicial separation has been




























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