KRISHNABAI Vs. PUNAMCHAND

JUDGEMENT

(1.) THIS is an appeal by Krishnabai, wife of Punamchand, respondent, against the judgment and decree of 18-1-1965, passed by the learned District Judge, khandwa, under Section 10 of the Hindu Marriage Act.

(2.) RESPONDENT Punamchand, husband of the appellant, filed a petition under section 10 of the Hindu Marriage Act for judicial separation alleging that the appellant is the legally married wife of the respondent and they have one daughter, aged about 4 years, from their legal wedlock. After the marriage, the appellant lived for 4 to 6 months with the respondent; she was quarrelling with her parents-in-law and had developed illicit intimacy with one Lallusingh of Harsud with the result that the respondent filed a petition under Section 13 of the Hindu marriage Act on 29-6-1960 for dissolution of the marriage. It was registered as civil Suit No. 13-A of 1960 in the Court of the Additional District Judge, Khandwa, but a compromise was effected between the parties, and the appellant returned to her husband's house to live as a dutiful wife.

(3.) ACCORDING to the respondent, her quarrels with her parents-in-law continued as usual and on 2-3-1962, she left the marital house to live with her parents, declaring that she was not to return. It is also alleged that in spite of several requests, the appellant did not return since then, and therefore, the 'respondent prayed for judicial separation.