ASHOK RANJAN SAXENA Vs. VISHWA BHARTI

JUDGEMENT

(1.) THIS is a revision by the husband and arises out of a petition filed by his wife (opposite party) under S. 10 of the Hindu Marriage Act, 1955 hereinafter referred to as the Act for a decree for judicial separation, payment of permanent alimony and maintenance at the rate of Rs. 500/- per month and return of ornaments, clothes, certificates and degrees detailed at the foot of the petition. The claim for judicial separation was found on allegations of mental and physical cruelty.

(2.) UNDISPUTABLY the applicant and the opposite party were Hindus within the meaning of S. 2 of the Act and were married according to the Hindu rites and customs at Allahabad on the 25th June, 1974. After their marriage they lived as husband and wife at Allahabad till December 1974 and during this period, it is alleged by the wife that various forms of physical and mental cruelty, were practised on her by the applicant and the members of his family. Ultimately on the 6th Dec. 1974, the opposite-party' s mother came to Allahabad and she accompanied her to Bareilly to her father' s house. It is alleged that on the 18th Dec. 1974 the applicant went to Bareilly to the house of the father of the opposite-party and resided there with her. According to the petition he tried to persuade the opposite party and her parents but she refused to go back with the applicant to Allahabad and to live with him as his wife. It is disclosed in the petition that the applicant requested the opposite party to have sexual intercourse with him at Bareilly but she plainly refused to do so. The husband remained in Bareilly at the house of his wife' s father for three days but they slept in separate rooms and the wife did not permit him to have access to her. Reluctantly, it is stated, the applicant returned back to Allahabad. According to the petition, in the months of February and March 1975 the applicant again went to Bareilly and resided with her at her father' s house. The wife alleges that again he pressed for a compromise and requested her to return with him to Allahabad but she declined to accompany him. In para 29 of the petition, it is alleged that, " the cause of action for this petition arose when the respondent committed various acts of cruelty upon the petitioner and also when the respondent came to Bareilly within the jurisdiction of this Hon' ble Court where the parties last resided together, and this Hon' ble Court has jurisdiction to try this petition."

(3.) AGGRIEVED by the decisions taken by the courts below on the preliminary issue, the husband Dr. Ashok Ranjan Saxena has invoked the jurisdiction of this Court under S. 115 of the Civil P. C.