MANGLABAI Vs. DEORAO GULABRAO

JUDGEMENT

(1.) THIS is an appeal under Section 28 of the Hindu Marriage Act from a decree passed by the Additional District Judge, Gwalior, for judicial separation on petition by the husband.

(2.) MANGLABAI was married to Deorao in 1951. In 1952 they were blessed with a son. They lived together upto July 24, 1953 when Mangalabai went away to her mother's house. After that she did not go to her husband at any time. The boy is living with his mother,

(3.) ON February 7, Deovao made a petition under Sections 10 and, 13 of the Hindu marriage Act praying for a decree for judicial separation as also for a decree for divorce on the grounds that Mangalabai had deserted him without any cause, that in spite for his repeated requests she did not return to his house and that she was living in adultery. This petition was resisted by Mangalabai on the grounds that she was beaten by Deorao and his father on July 24, 1953, because of which she apprehended danger to her life; that even before this her husband and father-inlaw ill-treated her; and that the charge of adultery against her was false. The learned Additional District Judge found that, ill-treatment on the part of the husband and the father-in-law was not proved, that she declined to return to her husband's house and that there was a firm intention on her part to desert her. husband. As admittedly they had been living apart for more. than two years, he passed a decree for judicial separation on those grounds. However, a decree for divorce was refused because there was not evidence of adultery.