NEELAM SINGH Vs. VIJAYA NARAIN SINGH

JUDGEMENT

(1.) This appeal by the petitioner-wife has been preferred against the judgment and decree dated 15/05/1992 passed by the 1st Additional District Judge. Ghazipur whereby he Dismissed the wife's Petition under Section 18 of the Hindu Adoptions and Maintenance Act and decreed the counter-claim of the husband-respondent for divorce and further granting the wife-petitioner permanent maintenance and alimony @ Rs.500.00 per month from the date of the judgment.

(2.) I have heard Sri S. K. Varma, learned counsel for the appellant and Sri Sankatha Rai, learned counsel for the respondent.

(3.) The appellant had filed a petition claiming maintenance @ Rs.1000.00 per month. Her case was that she was married to Vijai Narain Singh respondent according to Hindu religious rites in the year 1977 at village Manipur, Pargana Karanda District Ghazipur and after the marriage she started living with the respondent in his village Manihara Pargana Barhwal District Varanasi. Later the respondent got employment in the bank and for some time this couple lived at Chandauli District Varanasi. Later the respondent was transferred to Sadath Branch of the Union Bank of India and the two lived together at that place. In due course of time the respondent got some promotions and started getting handsome salary. The respondent, therefore, started neglecting petitioner-wife thinking that she was not sufficiently educated and lacked manners for appropriate social behaviour. He, therefore, stopped keeping the petitioner at the place of his employment and sent her to his village where she lived for some time. Finding herself neglected the petitioner-wife went to her parent's house and started living there. In the absence of the petitioner the respondent wanted to marry some educated girl and the wife therefore, filed suit No.13 of 1983 to restrain the husband respondent from remarrying. The suit was decreed on 15/09/1985. In his written statement filed in the aforesaid suit the husband is alleged to have made certain false derogatory statements against the wife causing her mental agony. It was further claimed that the husband-appellant filed suit No.97 of 1983 in the Court of the Civil Judge, Varanasi for dissolution of the marriage. Subsequently the husband expressed regrets for his conduct and the said suit No.97 of 1983 was compromised on 15/04/1985 and it was agreed that they will live together and the husband would not repeat undignified behaviour. After the aforesaid compromise petitioner again started living with the husband respondent in his village. The husband repeatedly assured the petitioner-wife that he would take her to the place of his employment where he himself resides but he never did so. It is alleged that occasionally the respondent came to his village but he neglected the petitioner and never had any contact with her as husband nor provided any means of maintenance. As a result the other members of the family of the husband also started neglecting the petitioner so much so that they would not accept food or water from the petitioner. On one occasion the husband is alleged to have given a beating to the petitioner without any reason at the instance of the family members and started, addressing the petitioner as 'chural'. As a result of such behaviour the petitioner-wife claims to have left the husband's village about 1, 1/2 years prior to the petition and started living with her parents. Even then the husband did not establish any contact with the wife nor offered to provide any means of maintenance. It was claimed that she has no means of her own to maintain herself and she is living as a dependent of her parents. The respondent is alleged to have been employed as Branch Manager in the Union Bank of India at Marookpur District Varanasi and drawing a salary of Rs.4500/ - per month. It was further alleged that the husband had agricultural income of about Rs.1500.00 per month from agricultural holding measuring about 25 Bighas. On these allegations the appellant-wife had claimed a decree for separate maintenance Rs.1000/ - per month.