SAVITRI DEVI Vs. JAI NARAIN

JUDGEMENT

(1.) THIS is an application under Section 24 of the Hindu Marriage Act filed by the Appellant. She was married to the Respondent in the year 1960. The Appellant thereafter filed a suit for restitution of conjugal rights on the allegation that she was prepared to live with the Respondent, but as the Respondent was unlawfully denying to keep her, she was entitled to the said decree. The suit was contested by the Respondent. He pleaded inter alia, that the Appellant was leading an adulterous life and, therefore, the said Respondent was not liable to keep her. The suit was dismissed by the trial court. Against the said decree of the trial court the present appeal has been filed in this Court. As stated above, the application under Section 24 has been filed in this Court praying for expenses and maintenance. A counter affidavit has been filed on behalf of the husband reiterating the same pleas which were taken by him in the written statement. In paragraph 5 of the counter affidavit the Respondent has alleged that the Appellant had developed illicit connection after the marriage and before the gauna ceremony was performed. He has further stated that the Appellant has been going off and on to her father's place as she had acquaintance with certain persons living their. Although in the rejoinder affidavit these facts have been denied, but examining the papers prima facie, I am of the opinion that the Appellant having led an adulterous life, is not entitled to a maintenance under Section 24 of the Hindu Marriage Act. To my mind, the plea that the Appellant has been living in adultery is a valid defence to defeat such an application. The application is accordingly rejected. There will, however, be no order as to costs.