SMT. SAOOMI PREETI VALENTINE Vs. MR. BRUCE VALENTINE

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent is directed against the judgment of a learned single Judge of this Court, who dismissed the appeal of the present appellant, filed under Sec. 55 of the Indian Divorce Act against the judgment of an Additional District Judge, Delhi refusing to grant the petition of the appellant for an order of judicial separation.

(2.) The appellant was married to the respondent according to Christian rites on Jan. 15, 1964 at Delhi. They lived together as husband and wife till the end of Sept., 1969. A daughter was born during the wedlock on Jan. 15, 1967.

(3.) The appellant filed a petition under Sec. 22 of the Indian Divorce Act, hereinafter referred to as the Act praying for judicial separation pleading cruelty and immoral conduct of the respondent. According to the appellant she was initially turned out of the matrimonial home by the respondent in the middle of May, 1967 when she was in an advanced stage of pregnancy after a severe beating. The appellant thereupon went to her mother's house. On Sept. 27, 1967 the respondent is stated to have gone to the house of the appellant's parents where she had been staying ever since the middle of May, 1967 and hurled accusation of immorality against her. He is also stated to have slapped her. It was contended that a false allegation to the effect that she was pregnant by some other man was also made by the respondent. In Jan., 1969 at the intervention of her parents and her relatives the appellant went back to live with the respondent. Their relations, however, continued to be strained and on Sept. 30, 1969 the respondent is said to have given a severe beating to the appellant compelling her to leave the matrimonial home once again and seek shelter with her parents. In Oct., 1969 the respondent is said to have gone to the school where the appellant was employed as a teacher and insulted her in the presence of her collegues and threatend her with dire consequences. General allegations of adultery are stated to have been made by the respondent in respect of the appellant. On these allegations the appellant prayed for judicial separation and also prayed for award of damages to the extent of Rs. 5,000.00 and the custody of their daughter.