SMT. DARSHNA DEVI Vs. KRISHAN LAL BANSAL

JUDGEMENT

(1.) THIS appeal is directed against the order of the learned Sub -Judge 1st Class, Chandigarh, vide which a decree under section 10 (1)(a and b) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) has been passed in favour of krishan Lal Bansal, petitioner -respondent and against Darshna Devi, respondent -appellant leaving the parties to bear their own costs. It arises out of the following facts :

(2.) THE petitioner respondent was called to Ambala on 31st October, 1973 by the local Panchayat for negotiations with the members of the respondent appellant's family. He along with his father Parma Nand, brother Ram Gopal, Madan Lal and Piare Lal reached Ambala but there they were arrested by the police under section 107/151, Criminal Procedure Code, at the instance of Darshna Devi, appellant and her relatives. The petitioner -respondent, therefore, filed this petition for a decree for judicial separation on the grounds of desertion and cruelty.

(3.) THE marriage of the patties took place on 16th February, 1971. According to the petitioner respondent, the appellant had left his house on 1st August, 1971. The petitioner -respondent filed petition for a decree of judicial separation on 15th November, 1973. The petitioner -respondent examined Darshan Kumar, A.W. 1, to prove that the parties had lived together at Chandigarh after their marriage. The petitioner -respondent also stated so and as such the trial Court had rightly held that the Civil Court at Chandigarh had the jurisdiction to try the case.