NIRMCO Vs. NIKKA RAM

JUDGEMENT

(1.) This is an appeal against the order of the Senior Sub Judge, Mahasu, dismissing a petition of Nirmoo for dissolution of her marriage with Nikka Ram by a decree of divorce. The petition, under section 13 (2) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") was presented in the Court of the Senior Sub Judge on March 21, 1966. It was dismissed on March 30, 1967.

(2.) The appellant was married to Nikka Ram Rajput of village Nihari, Tehsil Kasumpti, nearly twenty-five years before she applied for divorce. For about four years they lived as husband and wife but as there was no issue of the marriage Nikka Ram married a second wife named Tholi. After the second marriage also Nirmoo lived with her husband for another four or five years According to her she had then to leave her husband's house as he, at the instigation of Thoh. started beating and maltreating her. She therefore started living at the house of her father, Thokria in village Jar On her application she was allowed maintenance at the rate of rupees fifteen per month. Her husband filed a revision and at that stage there was a compromise in the Court of the then Judicial Commissioner, Himachal Pradesh. She gave up her right to maintenance and agreed to live with her husband without insisting that he should turn out the second wife The compromise was recorded on July 27 1954, before the Act had come into force

(3.) It was stated by the appellant that after the above referred to compromise she could live with her husband for a period of a few months and was thereafter turned out after being given beating. It was further mentioned that her lather had also died leaving behind some property and with a view to grab that property her husband had again started harassing her.