AVINASH PRASAD SRIVASTAVA Vs. CHANDRA MOHINI

JUDGEMENT

(1.) This is an appeal, by the petitioner-husband against the judgment and decree of the Civil Judge of Bareilly dismissing his petition under Sections 10 and 13 of the Hindu Marriage Act, 1955. The appellant had sought dissolution of the marriage, and in the alternative, judicial separation on three grounds, namely, adultery, cruelty and desertion by his wife.

(2.) The facts of the case are that the parties were married on 27-5-1955 at Gorakhpur. In November, 1957, a son was born from their union. The allegation of the appellant is that the respondent, without any just or reasonable cause, has been refusing her society to and co-habitation with the petitioner and that she has been living in adultery with the co-respondent Chandra Prakash. He has further claimed the recovery of ornaments and garments worth Rs. 2,000/- from the respondent (Smt. Chandra Mohani).

(3.) The co-respondent did not put in appearance at the trail, with the result that the case proceeded ex parte against him. The respondent, however denied' the allegations pf the appellant and alleged that it was the appellant and his parents, who had been treating her cruelly, that she had never deserted nor left her husband's home, as alleged by him. She strongly repudiated the allegation of the illicit intimacy with the co-respondent and denied having received letters from him including Exts. 2 and 3. Lastly she contended that "the ornaments mentioned in the petition were with the petitioner and not herself.