GANGA DUTT Vs. SANTOSH

JUDGEMENT

(1.) This appeal by the husband is directed against the judgment dated 27th April, 1982 passed by the learned Additional District Judge, Delhi whereby his petition under section 10 of the Hindu Marriage Act for grant of judicial separation on the grounds of cruelty was dismissed.

(2.) The parties were married on the 7th of Dec., 1976 at Delhi in accordance with Hindu rites and ceremonies. They lived together and cohabited at Delhi. In 1981, the appellant filed a petition under section 10 of the Hindu Marriage Act for judicial separation on the grounds of cruelty alleged to have been committed by the respondent. Amongst other cruelties, it was alleged that the respondent had illicit relations with one Banwari Lal who happens to he her sister's husband. It was also pleaded that the respondent had conceived and had undergone an abortion without the knowledge and consent of the appellant. The allegations of cruelty were denied by the respondent. The learned trial Judge came to the conclusion that the allegations were baseless and frivolous. He described the appellant as a liar and did not believe any word of his statement. Consequently the petition was dismissed by judgment dated the 27th of April, 1982.

(3.) Dissatisfied with the aforesaid judgment and decree the appellant preferred an appeal to this Court. Obviously, the appellant was unable to convince me and I was in entire agreement with the findings of the learned trial Judge. However, during the course of arguments, it transpired that in view of the reckless allegations of illicit relations levelled against the respondent, the respondent was also not willing to live with the appellant and in my opinion rightly. The parties filed a petition under section 13-B of the Hindu Marriage Act and prayed for leave to move the said petition in this Court. Considering the circumstances of the case, I entertained the petition. It is stated in the petition under section 13-B of the Act that the parties had exchanged their articles given to each other at the time of marriage. The appellant had paid to the respondent a sum of Rs. 10,000.00 and the respondent had no further claim for past, present or future maintenance. The respondent also admitted having received the dowry items and the said amount of Rs. 10,000 towards her past, present and future maintenance. The respondent also agreed to withdraw her petition under section 125 of the Code of Criminal Procedure pending in the Court of Smt. Sunita Gupta, Metropolitan Magistrate, Delhi. The statements of the parties were also recorded on 12th Oct., 1984. The case was adourned for the statutory period of six months. The parties have again appeared today and have also filed an application under section 13-B(2) of the Act. It is stated in the application that the parties have been living separately since the 12th of June, 1981 and no cohabitation has taken place between them since that date. The parties have also made statements to the effect that there has been no change in their position since the date they made the statements at the earlier occasion i. e. on 12th Oct., 1984.