LAWS(BOM)-1976-4-25

A Vs. B

Decided On April 12, 1976
A Appellant
V/S
B Respondents

JUDGEMENT

(1.) THE above Letters Patent Appeal is filed by the wife, against the judgment, dated September 24, 1975, in F.A. No. 92 of 1975, conforming the judgment and decree dated February 6, 1975, passed by a Judge of the Bombay City Civil Court, in her petition, under Section 10 of the Hindu Marriage Act, 1955, for a decree for judicial separation. In the petition, she had also prayed for an injunction restraining the husband and his servants and agents from entering flat No. 4, situate in Ganga Bhavan, 24th Road, Bandra, which is the matrimonial home of the couple, and for costs of the petition.

(2.) THE petitioner was married to the respondent on March 10, 1954, according to the Hindu Vedic Rites. It was a love marriage. She is enrolled as an advocate of this Court; and she has been practising in the Courts in Bombay. The allegations which she made in the petition against the husband may be briefly summarised as under:

(3.) THE wife was determined to improve the economic status by taking education. She joined Sophia College, Bombay, and continued her studies. She worked hard at her studies as well as household duties. She had also to cope up with what she has chosen to describe as her husband's "sexual vagaries." In 1955, the petitioner became pregnant. The husband did not show any concern or care and refused to help her in any way to lighten her burden.