TRILOK SINGH Vs. SAVITRI DEVI

JUDGEMENT

(1.) THIS is an appeal pre ferred by the husband from the appel late judgment and decree of the learn ed District Judge of Ballia, affirming the decree of the Court of first instance, dis missing the petition for grant of divorce and in the alternative for judicial sepa ration.

(2.) ADMITTEDLY the petitioner-ap pellant and the respondent were marri ed on 7-2-1960 according to Hindu rites. For some time the husband and wife lived together amicably. According to the case of the husband, in his absence the wife went away on 30th of July 1960 without any cause and without his consent with her father and despite re peated efforts made by him for her to come back, she refused. A notice dated 12-8-1960 was served by the husband on the wife asking her to return. It ap pears that the wife had conceived when she was living with her husband soon after the marriage and a son was born to her on 25-3-1961 at her father's house. On 28-7-1961 the husband filed a suit against the wife for restitution of con jugal rights. This suit was defended by the wife on the ground that she was turned out of the house by the hus band and her mother-in-law after being beaten on 30-7-1960 and her life will be in danger at the hands of her husband and others if she were to return to him. On the finding that the wife was turned out on 30-7-1960 after being cruelly treat ed the trial court dismissed the suit for restitution of conjugal rights. An appeal from the judgment and decree in the said suit was finally dismissed by the High Court by its judgment dated 29-4-1966 and the finding of fact that the wife was turned out from the house of the husband on 30-7-1960 after having been beaten was affirmed. Then on 8-7-1967 the husband presented a petition under Sections 10 and 13 of the Hindu Marriage Act for a decree for divorce and in the alternative for judicial separation against the wife.

(3.) FOR the purpose of judicial se paration it was alleged that on 30-7-1960 the wife went away with her father without any reasonable cause and with out the permission of the husband and since then never returned despite repeat ed efforts of the husband.