SUNIL KUMAR CHOWDHARY Vs. SATIRANI CHOWDHARY

JUDGEMENT

(1.) These arc two appeals, one by the husband against an order of the learned Additional District Judge, Alipore by which he dismissed the petitioner-appellant's application for judicial separation from his wife the respondent and the other by the wife against an order passed by the learned District Judge, Howrah by which he allowed the application of the husband for custody of the child of the marriage.

(2.) The parties are Hindus and were married on April 22, 1960 according to Hindu religious rites and a male child was born on February 9, 1961. They lived together till the 1st of March 1962 since when they have been living apart.

(3.) The petitioner husband's case is that his wife the respondent was haughty and temperamental as her parents were wealthy and she wanted him to live in her father's house at Salkia and as the petitioner refused to do it, she ultimately left his house on the 1st of March 1962 without any cause whatsoever. His further case is to the effect that in spite of repealed requests she has not returned to him and has completely deserted him. He, therefore, filed an application praying for " judicial separation.