MATO Vs. SADHU

JUDGEMENT

(1.) This is an appeal by Mst. Mato whose petition for judicial separation from her husband Sadhu under Section 10 of the Hindu Marriage Act has been dismissed by Mr. Ram Gooal Kohli, exercising the powers of a District Judge at Hoshiarpur. Mst. Mato was married to Sadhu in September 1950. Both the husband and the wife are Adharmis and belong to Dasuya Tahsil in Hoshiarpur District. In the petition allegations were made that Mst. Mato had been given a beating by the husband on many occasions and ultimately she was turned out by him from the matrimonial home. It was alleged that the last time she was turned out by the husband was three years before the petition For judicial separation was filed on 23rd of December 1957. In the petition it was also alleged that the husband Sadhu was living in adultery though the petitioner was not able to "name with whom he is committing adultery". In short the judicial separation was sought under Clauses (a), (b) and (f) of Sub-section (1) of Section 10 of the Hindu Marriage Act on grounds respectively of desertion, cruelty and adultery.

(2.) The allegations of the wife were traversed by the husband. It was denied that any cruelty was perpetratecl by the husband ' on his wife or that he ever deserted her. According to the husband. Mato left for her parents' home taking her clothes and jewellery which were given to her at the time of marriage. Despite his efforts, she has refused to come back to resume married life with the husband. It was alleged that the wife is living in adultery and an illegitimate daughter was born to her.

(3.) The statement made by the petitioner in Court as A. W. 7 on 26th of June 1958 precludes her, in my opinion, from claiming the relief of judicial separation. On her own showing, she was taken back to her husband's house on two or three occasions by her father and the Panchayat, and she left her husband's home because he refused to discharge his marital duties towards her. To use her own words,