SHEELA DEVI Vs. PIARA LAL

JUDGEMENT

(1.) This is an appeal filed by Sheela Devi against the order dated January 20, 1972 of Sub Judge Ist Class Gurgaon dismissing her petition for judicial separation under section 10 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) against her husband Piara Lal.

(2.) The facts of this case are that the marriage of Sheela Devi, appellant, with Piara Lal respondent took place on or about the year 1956 and the parties resided at Dhankot for about 15 days after their marriage. It is alleged that the respondent treated her with such cruelty that she had a reasonable apprehension that it would be harmful and injurious for her to live with him. The respondent about nine years prior to the presentation of this petition left her at Rewari at her mother's house and despite requests made by her mother and brothers to take her back to his house, the respondent did not accede to their requests on one pretext or the other and had deserted her for a period exceeding nine years. She, therefore, filed petition under section 10 of the Act for a decree of judicial separation against the respondent, Piara Lal.

(3.) The respondent admitted the factum of the marriage but denied the allegations of cruelty and desertion made in the petition. It was pleaded that the mother of the petitioner and her brothers wanted him to support them but be could not afford their expenses on account of his limited means. It is averred that the petitioner wanted that her mother should stay with her but he did not like this and hence they took her to their own house and refused to send her to his house in spite of requests. It was pleaded that previously the petitioner made a petition under section 10 of the Act on the same allegations which was dismissed as withdrawn on January 21, 1970 and therefore, this petition is not maintainable. On these pleadings of the parties the following issues were framed by the District Judge, Gurgaon on October 3, 1970 but later on he transferred this case to the Court of Subordinate Judge Ist Class, Gurgaon :-