PHOOLPATI Vs. RAM PHAL

JUDGEMENT

(1.) Smt. Phool Pati and Smt. Rajo, two sisters, got married to Ram Phal and Bhira respectively. Ram Phal and Bhira are brothers. Both the marriages took place on the same date somewhere in the year 1965. Smt. Phool Pati gave birth to a daughter who did not survive. She is alleged to have left her husband house 5/6 years before the filing of petition for divorce (divorce petition was filed in 1980). Couple of months thereafter, she gave birth to a male child who is still alive. Smt. Rajo is alleged to have left the house of her husband 2/3 months after Smt. Phool Pati had left the house. It is alleged that inspite of taking Panchayats, both did not return. Consequently, two separate petitions for divorce on the ground of desertion were filed by the husband.

(2.) The petitions were contested by the wives. Since the facts are somewhat similar, the facts regarding Snit. Phool Pati only are being noticed in this judgment. The stand of Smt. Phool Pati was that her husband used to drink and give heating to her and inspite of persuation he neither stopped drinking nor beating her. Few months before the birth of male child, she was given merciless heating as a result, she was turned out of the house in three clothes and then she started living with her parents where she gave birth to male child It was denied that she ever withdrew from the society of her husband or deserted him. It was her case that both the brothers along with others, came to their village and assaulted them and they were bound down under section 107/151 of of the Code of Criminal Procedure. Against that order, her husband went up in appeal and on the intervention of, the learned Sessions Judge, she accompanied her husband but again after a few days, she was turned out of tote house. Smt. she was not being paid maintenance, she filed proceedings under section 125 of the Code of Criminal Procedure and in these proceedings, Rs. 150/- per month were awarded as maintenance for her and her male child. After the maintenance was allowed by the Court, the divorce petition was filed.

(3.) On the contest of the parties, the following issues were framed