SULOCHANA Vs. RAM KUMAR CHAUHAN

JUDGEMENT

(1.) This second appeal is by the wife who is aggrieved by a decree of judicial separation passed by the Civil Judge, Roorkee on April 15, 1978 in matrimonial Case No. 126 of 1974 and affirmed by the 5th Additional District and Sessions Judge, Saharanpur by his order dated January 23, 1979 in Civil Appeal No. 132 of 1978.

(2.) The petition was presented by the husband, respondent in this appeal, on August 12, 1974. In this petition it was prayed that his marriage with the appellant which was solemnised on May 10, 1965 be dissolved by a decree of divorce or, alternatively a decree for judicial separation be passed in favour of the husband. The relief aforesaid was sought by the husband on allegations which were in substance these; The appellant (Smt. Sulochana) was married to him according to Hindu Vedic rites on May 10, 1965 at village Bishanpura Rohalki, Pargana Jwalapur, District Saharanpur and she has a son aged about two years; the appellant was found to be of extremely harsh temperament and loose character and desirous of living with her parents where she lived for most of the time. She had only passed High School at the time of her marriage but had obtained her Degree of M.A. by the time the petition was presented. She had adulterous connection with various persons. The appellant was in service in village Bongala. Whenever she came to the house of the husband for short, intervals she used to cause mental agony to him and even attempted to administer poison to him and also tried to contact some Siana in order to cause insanity to the husband so as to get rid of him. She assaulted his mother and Bhabhi and there was danger to his life on account of the appellant's ways which she refused to mend in spite of repeated requests. She had also deserted him before two years of the presentation of the petition. The son, it was alleged in paragraph 17 of the petition, was born to the appellant on account of her illicit connection with some other person.

(3.) The appellant's defence in her written statement, in the main, was that the petition was based upon incorrect allegations and that, in fact, it was the respondent who had been treating her with cruelty. She lived with the husband at his residence and discharged her marital obligations and the son was born of their wedlock; since the respondent had not cared to maintain her, she had to serve for a period of about seven months between February, 1973 and August, 1973 to maintain herself and her minor child on a salary of Rs. 150 per month; false allegation of adultery had been levelled against her even though the truth of the matter was that "the relations of the petitioner (husband) with his Bhabhi Shrimati Satyabhama are not above board and which were suspected by the respondent (wife). The respondent showed he'r unpleasantness over this whereupon the petitioner beat up the respondent and used abusive language as against the respondent." That since the respondent (wife) was not able to compromise the situation the petition has been got filed by the said Srimati Satya Bhama". The husband also had illicit relation with other girls of whom one was Sabita to whom he wrote letters as well. The husband was living in adultery. The husband was also annoyed with her on account of the failure of her father to meet the demands about dowry.