BALDEV PARSHAD Vs. SMT. CHANCHAL KUMARI

JUDGEMENT

(1.) THIS appeal arises out of a matrimonial cause instituted by the husband for a decree of divorce or in the alternative for judicial separation.

(2.) THE parties were married on September 18, 1969 at Amritsar and lived together only for about three months when the respondent left with her brother to her parents home. She came back to the matrimonial home for a week on January 13, 1970 and thereafter remained away for a year and three months. It was only on the intervention of some friends that she was brought back to the matrimonial home on April 23, 1971. In the month of May, 1971, the appellant became a mental case and according to him it was because of the cruel treatment of the respondent that he developed this trouble.

(3.) THE petition was contested by the respondent who admitted the marriage between the parties and the factum of her living separately from the appellant in her parental home. She further pleaded that it was the appellant who treated her with cruelty because of insufficiency of dowry brought by her and turned her out of the matrimonial home. She further stated that in spite of her efforts through the employer of the appellat, Istri Sabha and other relations to rehabilitate her, the husband and his parents refused to do so. A plea of inordinate delay in moving the petition was also raised by way of preliminary objection.