Honble KOKJE, J.–The appellant Bal Kishan was married to respondent Urmila Sharma on 23.2.85. They lived together as husband and wife for about four months and after 19.6.85, they have not lived together. The appellant had filed a petition under Section 12 of the Hindu Marriage Act, 1955 (in short `the Act) for declaration of the marriage to be a nullity which was decided against him on 12.12.1986. The appellant filed an appeal against this decision in the High Court and the appeal was also rejected on 13.12.88. In the meanwhile, the respondent wife had filed an application under Section 9 of the Act for restitution of conjugal rights and a decree for restitution of conjugal rights was passed in her favour on 12.12.1986. The appellant, thereafter, filed a petition under Section 13 of the Act for a decree of divorce on 22.3.90 on the ground of cruelty, desertion and non-resumption of co-habitation for a period of more than one year after the passing of the decree for restitution of conjugal rights on 12.12.86.

(2). Respondent denied the allegations made relating to the grounds of cruelty, desertion and in answer to the ground relating to non-resumption of cohabitation after the passi

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