JANKI DASS Vs. SMT. SHANTI

JUDGEMENT

(1.) ON 4 -2 -1985, the husband filed a petition for divorce with the pleas that the parties were married about 18/20 years back and out of the wedlock three children namely, Krishan Kumar 15 years old, Pawan Kumar 6 1/2 years old and Santosh 3 1/2 years old were born. The wife was ill -tempered and quarrelsome from the very beginning and could not mix herself in the family. He tolerated her cruel attitude somehow and pulled on his family life in spite of her intolerable behaviour. She very often used to leave the house and every time he specified her and brought her back. It is alleged that in November, 1983 she gave merciless beating to his mother and fled away with valueables, precious items and jewellery and despite his best efforts did not return. He had to file a petition under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights which was compromised on 6 -9 -1984 in which she confessed her guilt and misdeeds and he kept her after forgiving her cruel acts.

(2.) THE husband then pleaded that his wife wanted to kill him and made attempts to murder. It is then pleaded that again on 25 -5 -1985, in order to kill him she mixed poison in his milk and tried to serve the same to him and when his mother came to know of if, his life was saved and ultimately she fled away from the house on 27 -1 -1985. On these pleas divorce was sought on the ground of cruelty.

(3.) ON the contest of the parties, following issues were framed: -