SMT. ROHINI KUMARI Vs. NARENDRA SINGH

JUDGEMENT

(1.) This second appeal has come up before us on account of an order of reference made by Hon. Asthana, J. when the second appeal was listed before him for hearing.

(2.) The second appeal arises out of proceedings under Sec. 10 of the Hindu Marriage Act, 1955 and is directed against the order of the learned Civil Judge, Hamirpur, which was confirmed in appeal by the Distract Judge, Banda.

(3.) The respondent Sri Narendra Singh happened to be Yuvraj of the estate known as "Sarela Estate" and he was married to the appellant, who is the daughter of Maharaj Kumar of Aliraipur Estate. The marriage had taken place sometime in January 1945. The marital life of the party went on smoothly for about two years when it is said that the appellant left for Alirajpur in February 1947 at a time when her husband was out of station. As she went to her father's place she took away all her belongings including valuables and jewelleries received by her either from her parents or from her father -in -law's side. In spite of repeated attempts on behalf of the respondent, she refused to come back to him and to perform her marital obligations. According to the case of the respondent, she is reported to have said that the respondent was at liberty to remarry and that she ceased to have interest in him. On such allegations, the respondent pleaded that the appellant deserted him without reasonable cause and without his consent early in 1947. Consequently, the respondent was entitled to an order of judicial separation under Sec. 10 of the Act.