RAJ KHANNA Vs. KRISHAN LAL KHANNA

JUDGEMENT

(1.) This appeal arise out of a petition filed by Krishan Lal Khanna (hereafter referred to as the respondent) against his wife Shrimati Raj Khanna hereafter referred to as the appellant) for judicial separation under section 10 of the Hindu Marriage Act, 1955. The parties were married in Delhi on July 5, 1956. A daughter was horn to them on may 21, 1957. The learned Additional District Judge, Delhi, by the judgment dated April 10, 1963, allowed the petition and granted a decree for judicial separation. He came to the conclusion that it was clearly established on the record that the appellant deserted the respondent without reasonable cause. Aggrieved by the said judgment the appellant has come up in appeal.

(2.) According to the respondent, the appellant left his house on October 24, 1957, and did not return thereafter. She is stated to have left for her parents' home on 24th October, 1957, on the plea that she was going in view of "Tika" festival. The appellant first kept on saying that she wanted to stay in her parents' house till the marrige of her brother was performed but did not return even after the marriage which took place in April 1958. The respondent further alleged that she continued to stay away from his house even after the marriage of her brother on some pretext or the other. In the petition filed by the respondent it was inter alia stated that-

(3.) On the pleas the respondent claimed a decree for judicial separation. In the written statement filed by the appellant she inter alia stated that-