SANTOSH KUMARI Vs. JASWANT RAI

JUDGEMENT

(1.) Smt. Santosh Kumari has filed this appeal against the order of the learned Additional District Judge, Amritsar dated 30th July, 1977, vide which he had dismissed her petition under section 10 of the Hindu Marriage Act, 1955 (hereinafter called the Act).

(2.) The facts giving rise to this appeal are as under:

(3.) The parties were married about 12 years before the presentation of the petition under Section 10 of the Act. They lived together at Sathiala and three children were born out of the wedlock. Eldest one is the son who is about 13 years and younger ones are the daughters aged 11 years and 9 years. It was alleged in the petition that the respondent -husband Jaswant Rai had filed a petition under Section 9 of the Act for restitution of conjugal rights against the appellant on the ground of desertion and that petition was allowed by the learned Additional District Judge vide his judgment dated 5th March, 1970, but in appeal before the High Court the matter was amicably settled on the basis of a compromise and the appeal was dismissed as infructuous. It is further alleged that both the parties then lived together, but again she was maltreated by the husband-respondent and after beating she was turned out as she could not satisfy his demands. She was madically examined and the doctor found three simple injuries on her person. On this basis she claimed that the decree for judicial separation under section 10 of the Act be granted is her favour. Her claim was resisted by the husband-respondent and the allegations were controverted. Parties contested on the following issues :