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1980 Supreme(P&H) 104

J.M.TANDON
Surjit Kaur – Appellant
Versus
Jhujhar Singh – Respondent


JudgmentJudgment

1. Surjit Kaur appellant married Sardul Singh on February 13, 1955. On April 16, 1959, the appellant filed a petition for judicial separation against Sardul Singh alleging that the latter had turned her out of his house in March, 1955, and did not care to look after her thereafter. She further alleged that Sardul Singh had left for Indonesia and had deserted her for more than two years. Sardul Singh having been sufficiently served did not put in appearance. Ex parte Proceedings were ordered to be taken against him. The Senior Subordinate Judge, Ferozepur, vide order dated March 8, 1960, granted the appellant a decree for judicial separation against Sardul Singh. The appellant did not obtain a decree for divorce at any state against Sardul Singh.

2. On May 24, 1970, the appellant married Jhujhar Singh respondent. They got their marriage registered at Ferozepur on June 3, 1970. The appellant gave birth to a son from the respondent on October 27, 1971. Differences arose between the parties and they started living separately. The respondent filed a petition for restitution of conjugal rights against the appellant. It was, however, got dismissed as withdrawn in the Court




























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