PESTONJI KEKOBAD BHARUCHA Vs. ALOO

JUDGEMENT

(1.) This is an appeal against the judgment and order passed by the District Judge and Judge of the Parsi Matrimonial Court, Pune in Matrimonial Suit No. 10 of 1966. This is husbands appeal against whom the suit was filed by the wife-respondent for a decree for a divorce and/or for judicial separation under section 34 of the Parsi Marriage and Divorce Act, 1936 (hereinabove referred to as the Parsi Marriage Act").

(2.) The complaint of the plaintiff-wife was that the defendant was neglecting his wife and also their children. That he was good for nothing. That he even sold the property and spent a large amount for his luxury and vices. The defendant used to borrow and would not pay his debts which had to be paid by her and she had to work in order to support the family. Nevertheless the husband started to extract moneys from her and even also from her mother by threats and other means. There used to be quarrels and threats to the wife and children and numerous acts of cruelty. The applicant wife got herself employed in Dancing school at Rajkot to escape from the husband but the husband also came to high-school and there also he seems to have threatened and beat her. He was ultimately refused to allow to stay with the plaintiff by the management, where the plaintiff-wife was serving. That in 1966 he visited Rajkot. He had abused her, beaten severely and also threatened that he would see when the wife came to Pune.

(3.) The defendant-husband denied all these allegations and further he alleged that the wife had illicit and intimate relations with Major Saxena.