GAJINDER SINGH Vs. RAJ BALA

JUDGEMENT

(1.) The facts necessary for deciding this Letters Patent Appeal are that appellant-Gajinder Singh filed a petition in the Court of District Judge, Narnaul for passing a decree of judicial separation under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 1955 Act) with the assertion that he was married with respondent No. 1 on 18.6.1978 and after the birth of a male child on 18.7.1984, respondent-Raj Bala started misbehaving with him. He also averred that respondent No. 1 was ignoring him in all domestic matters and she had developed habit of lavish spending. It was further averred by him that respondent No. 1 was in the habit of going out of the house without his consent and knowledge and she used to meet respondent No. 2 who was Chamar by caste. He alleged that the respondents were hatching a conspiracy to eliminate him and this was the reason why she had voluntarily withdrawn herself from his society.

(2.) In the written statement, respondent No. 1 denied the allegations made by the appellant, she also made a counter allegation that the appellant wanted to get rid of her and also to extract money from her parents. She alleged that the appellant is a vagabond, a habitual drunkard and used to give her threat that he would marry a girl of his choice with whom he had previously developed some relations.

(3.) On the basis of the pleadings, the learned District Judge framed the following issues :