BIBHA GHOSH Vs. P K GHOSH

JUDGEMENT

(1.) This is an appeal under section 28 of the Hindu Marriage Act (Act 25 of IPSS). here nafter refterred to as the Act, against the judgement and orders of the fourt of Shri S.R. Goel, Sub Tudge lst Class, Delhi .dated April 30.1964 dismissing the appellant's petition under section 10 of the Act and declining to grant her a decree for judicial separation apainst the respondent.

(2.) The parties were married to each other in 1959. Within about two years of their wedding the appellant gave birth to a daughter from the respondent. Since the 30th,of july, 1961 they are living separately. The appellant and her daughter are living with the appellants father whereas the respondent is living in his house.No. A-23, Andrews Ganj, New Delhi.

(3.) On 3rd December, 1963 the appellant filed the petition under section 10 of the Act from which this appeal has arisen, in the Court of the District Judge. Delhi, for judicial separation from the respondent on the pround of cruelty and on the ground of wilful neglect of the petitioner by the respondent. In her petition the appellant pleaded that the respodent had tried to ill-treet her since her marriage, the respondent had practised too much cruelty over her, so much s" that she felt that she was fed up with her life. According to the averments made in the petition the responbent remained drink and possessed many other bad habits and used to bring had people in in the house and used to press her to live in adultery or in prostitution. The appellant further sta.tes that on her refusal to submit to that kind of a life she was mercilessly beaten bv the respondent. The other reason ascribed bv the appellant for her petting cruel treatment at the hands of the Respondent 1s the consistent. demand of the respondent against the appellant for money being brought by her from her parents. On the last occasion the appellant is stated to have been beaten by the respondent as she refused to bring a.nv further money from her parents. On that occasion i. e., on July 30. 19P1 the respondent is stated to have beaten the appellant mercilesslv and rendered her unconscious whereupon some neighbours rushed to the house and the Respondent 1nsulted and abused them and threw the appellant out of the house The anpellant's case is that her ornaments, etc., were also kept bv the respondent and since then she i? living in her parents' house at Sew?) Napar The appellant is then stated to have flied a petition under section 488 of the Code of Criminal Procedure but she withdrew this same as its decision was being nrolonped in the Court of Shri R. B L. Muthur. Magistrate 1st Class New Delhi and the rcording of the evidence had not even been commenced in that case for more than a year and a half. The appellant stated that since her parents had now become unable to support her she was left with no alternative but to invoke the jurisdiction of the Civil Court under section 10 of the Act.