PREM PRAKASH RUBIN Vs. SARLA RUBIN

JUDGEMENT

(1.) Applicant, Prem Prakash Rubin and non- applicant Sarla Rubin were duly married according to Christian rites and in the matrimonial matter are governed by the Indian Divorce Act. The applicant's allegation, however, is that after some time of the marriage, the non-applicant completely withdrew herself from the applicant and would not permit him access. This has caused tremendous agony to the applicant and is a cruelty of high order. The non-applicant has also deserted the applicant for no good cause and is living separately. Allegations as to adultery have also been made. The non-applicant did not contest. Statement of the applicant Prem Prakash was recorded as witness for himself. In the judgment dated 5-10-1988, the learned Additional District Judge found the allegation as to leading adulterous life not proved. It has, however, been found that the respondent was guilty of cruelty and even attempted to assault the applicant with knife. Further finding is that she has withdrawn from the petitioner's society. A decree for divorce on these findings have been passed. This decree has been referred to this Court for confirmation.

(2.) After perusal of the record and after hearing the learned counsel for the applicant we are of the opinion that the decree passed by the lower Court is

(3.) Nevertheless, in view of the findings recorded on other issues and holding the respondent wife guilty of cruelty and wilful desertion of the petitioner, we are of the opinion that the petitioner is entitled to a decree for judicial separation in terms of S.22 of the Indian Divorce Act. This section reads as follows :