Munshi Ram vs Guddi

Surinder Singh Saron, J.—This appeal has been filed by the appellant who is the husband of the respondent, against the judgment and decree dated 20.9.1989 passed by the learned Additional District Judge, Sirsa, whereby he dismissed the petition of the appellant for divorce and instead passed a decree for restitution of conjugal rights in favour of the appellant and against the respondent with no order as to costs.

Marriage between the parties was solemnised about 9 years earlier to the filing of the petition for divorce on 20.7.1988 at village Bansudhar, Tehsil and District Sirsa according to Hindu rites and customs. After marriage, both the parties lived together as husband and wife and one female child was born out of the wedlock. The appellant had filed a petition for grant of divorce on the ground of desertion and cruelty, which, as already noticed above, was disposed of by the learned Additional District Judge, Sirsa. When the appeal was taken up for hearing today, Mr. Sudhir Mittal, learned counsel for the appellant has submitted that after the passing of the judgment and decree dated 20.9.1989, the parties to the appeal, filed a joint petition under Section 13B of the Hindu Marriage Act for divorce by mutual consent. The said petition was accepted by the learned Additional District Judge, Sirsa, vide his judgment and decree dated 19.5.1992. He has placed on record photostat copy of that judgment and decree.

In view of the above, the present appeal does not survive. However, since the learned Additional District Judge, Sirsa, in pursuance to his impugned order dated 20.9.1989 had passed a decree for restitution of conjugal rights in favour of the appellant and against the respondent, it would be improper to let that decree stand as it would be contrary to the judgment and decree dated 19.5.1992 in pursuance to which the marriage between the parties has been dissolved by a decree of divorce by mutual consent.

Therefore, to avoid inconsistent decrees between the parties, the appeal is partly allowed and the judgment and decree dated 20.9.1989 passed by the learned Additional District Judge, Sirsa, is set aside to the extent that the decree for restitution of conjugal rights has been passed in favour of the appellant and against the respondent. However, the same is dismissed to the extent that the petition for divorce has been dismissed.

The appeal is accordingly disposed of in the above terms. There shall be no order as to costs.