SAPTAMI SARKAR Vs. JAGADISH SARKAR

JUDGEMENT

(1.) THIS is an appeal by the wife Saptami Sarkar whose petition dated June 15, 1964, presented in court on the day following, for a decree for judicial separation from her husband Jagadish Sarkar, under section 10, sub-section 1, clause (b) , of the Hindu Marirage Act, 25 of 1955, fails before a learned judge, City civil Court, Calcutta.

(2.) IN terms of section 10, sub-section 1, clause (b) , Saptami is entitled to a decree for judicial separation she prays the court for, if her husband has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious for her to live with him.

(3.) SAPTAMI and Jagadish wene married under the Hindu rites on May 31, 1950. Saptami was then 16 or thereabouts. And Jagadish was some 10 years senior to her. Again, if only to mark the contrast between the two, saptami, a matriculate at or about the time of the marriage, graduated herself from the University of Calcutta, five years later in 1955 : whereas Jagadish, on his own admission, is "not an educated man". But because he has not been so, he wanted Saptami to be educated, as is his evidence in chief.