JAGADISH PRASAD TULSHAN Vs. MANJULA TULSHAN

JUDGEMENT

(1.) THIS is an application under Article 133 of the Constitution of India for grant of leave to appeal to the Supreme Court from the judgment and order dated 14th December, 1973 passed in F. M. A. No. 182 of 1972 fixing alimony of Rs. 400/- per month to be paid by the petitioner to the respondent.

(2.) THE petitioner is the husband. He married the respondent on the 1st december, 1964 under the Hindu rites at 12/1, Alipore Park Road, P. S. Alipore within the District of 24-Parganas. Within a few months the petitioner filed a petition for judicial separation against the respondent wife in the court of Alipore on the allegation of cruelty. The nature of cruelty as alleged against the wife respondent may shortly be stated like this : (i) That she made wild allegation against the petitioner as the murderer of his brother Late Bimal kumar Tulshan. (ii) That she refused to have sexual intercourse with the petitioner without applying contraceptives, or in other words, he alleged that he had no sexual satisfaction with his wife. (iii) That she was a woman of nagging habits. These are some of the allegations which were made by the petitioner against the wife. On the said allegation the petition for judicial separation was filed in the Alipore Court.

(3.) THE wife entered appearance and filed her written statement denying all the allegations of cruelty and also desertion leveled against her. Counter allegation was made by the wife against the husband that he was cruel in his behavior with her which had a adverse effect on her health. During the pendency of the said petition for judicial separation the wife respondent prayed for alimony pendent lite which was fixed by the Additional district Judge at a sum of Rs. 350/-, which was, however, raised to the sum of Rs. 500/- on appeal being preferred by the wife. The court ultimately. passed an exparte decree for judicial separation on the 22nd February, 1967. As there was no reconciliation or resumption of co-habitation between the parties, a decree for divorce was passed under section 13 of the Hindu marriage Act.