TULSIBAI Vs. BHIMA

JUDGEMENT

(1.) THIS is a Plaintiff's appeal arising out of the petition made to the Additional District Judge, Betul, for judicial separation under Section 10 of the Hindu Marriage Act, 1955 (hereinafter called the 'Act').

(2.) THE petition is grounded on two incidents of cruelty alleged to have taken place in the year 1950 and 1955 with a further averment that the Defendant -Respondent persisted in various acts of beating the Plaintiff during the course of her stay with him.

(3.) THE lower Court did not record a very clear finding with regard to the incident of the year 1950, but took the view that it must be taken to have been condoned because after the alleged incident, the parties lived together for about four years and the incident was forgiven and forgotten. With regard to the second incident of the year 1955, the lower Court found the Plaintiff's version to be correct but did not take a serious view of the injury and treated it as an isolated act which did not entitle her to ask for judicial separation. With regard to the general allegation that the Respondent used to beat the Appellant, no express finding was recorded by the lower Court. It came to the conclusion that the Petitioner was not entitled to judicial separation and, therefore, dismissed the petition. Hence, this appeal.