BHOORELAL Vs. ROZHIN BAI

JUDGEMENT

(1.) This appeal is by the defendant against the judgment and decree for judicial separation passed in favour of the respondent in Civil Suit No. 17-A of 1982 of the Court of Addl. Judge to the Court of District Judge, Balaghat, by judgment dated July 31, 1982.

(2.) The case of the respondent was that they were married according to Hindu Customs about 9-10 years before the filing of the suit. During the wedlock, the respondent gave birth to a female child by name Narbada Bai. She pleaded that after Gawana ceremony, the appellant's attitude towards her was very cordial, but thereafter it changed. Frequently, he used to give beatings to her and finally turned her out about 3 years before the filing of the suit. She lodged a report in the police on the basis of the which a criminal case is still pending against the appellant. Meanwhile, the appellant entered into a second marriage with one Yusudi Bai and as a result of this marriage, a child by name Rajendra Kumar born. Therefore, she claimed a decree for judicial separation.

(3.) The appellant opposed the plaint case. While admitting that he entered into the second marriage with Yasudi Bai, submitted that there was a divorce between the parties before the caste panchayat according to the custom prevalent in their caste.