KAKO Vs. AJIT SINGH

JUDGEMENT

(1.) Shrimati Kako has brought this appeal from the judgment and decree of the learned Subordinate Judge, Bhatinda, granting a decree of judicial separation under S. 10 of the Hindu Marriage Act, 1955, to her husband Ajit Singh.

(2.) The parties were marred many years many years ago and at the time of their marriage, there was a great disparity between their ages; Ajit Singh being 8 or 9 and Kako 20. The muklawa ceremony took place about 9 years after the marriage. She lived with her husband in village Dhan Singh Khana for a short while. A son was born of this marriage but he died subsequently after Kako left her husband's house to reside with her parents. They have never lived as married persons since then.

(3.) The only point for determination in this appeal is whether the decree for judicial separation granted to Ajit Singh can be sustained on ground of this wife's desertion. Both parties adduced evidence before the learned Judge who on its appraisal has found that it was the wife who had deserted her husband. For at least six years before the application was made in 1956 by Ajit Singh, Kako admittedly had been living separately from her husband. She admitted that during this period she never lived or cohabited with her husband. She resided with her parents in village Jakhal all the time. According to her, it was her husband who had turned her out of his house in 1947 after giving her a beating which disabled her permanently. According to Ajit Singh, his wife left him two years after their marriage which was performed about 40 years ago and although his parents did their best to persuade her to come back she never returned to the matrimonial home. She even did not care to come to his house for condolence when Ajit Singh lost his brother and father. it is common ground that she is in receipt of a maintenance allowance of Rs. 30/- per month from her husband since 1953 as a result of intervention of Mr. P. S. Rau, then Advisor to Pepsu Government.