MST. RAJ KUMARI Vs. RAM PARKASH SINGAL

JUDGEMENT

(1.) The facts giving rise to this first appeal against an order and decree of the learned Additional District Judge, Ambala, briefly staged are these: Ram Parkash Singal and Smt. Raj Kumari were married according to Hindu rites on 11th December, 1962, at Hoshiarpur. Thereafter the couple lived together for some time at Ambala Cantonment and than at Delhi. Subsequently Ram Parkash Singal filed the present application under Sec. 10 of the Hindu Marriage Act, hereinafter called as the Act, on the 28th May, l965, in the Court of the Additional District Judge, Ambala, for judicial separation against his wife alleging that she was not in favour of his sending money to his aged parents and infirm brother who mainly depended on him and when he did not listen to her protestations she started abusing him and at times would not even cook his meals. She is said to have procured some tawiz in order to create hatred in his mind against his parents. Finally she left him and since then had been living with her parents at Hoshiarpur.

(2.) The respondent denied the facts set up by her husband in support of his prayer for judicial separation and added that up to the month of July, 1964, she had been living with her husband -the petitioner, happily although at times he would observe that he did not like her and that the had net brought sufficient dowry from her parents. She further stated that the petitioner's mother also had been telling her that she was neither good looking nor had brought any dowry in the marriage. In fact the mother had been instigating her son the petitioner to desert her and on her advice he gave her beating and turned her out of the house. The respondent also urged that in case the petitioner's plea found favour with the Court and a decree for judicial separation was granted against her, she may be allowed Rs. 150/ - per mensem as maintenance under Sec. 25 of the Act.

(3.) The trial Judge framed the following issues: