SAVITRI DEVI Vs. NAUKHI RAM

JUDGEMENT

(1.) THIS proceeding, under Article 227 of the Constitution, arises under the following circumstances : Mt. Savitri Devi filed a petition under Section 13 of the Hindu Marriage Act, 1955, against her husband, Naukhi Ram, seeking a decree of divorce on the ground that Naukhi Bam was living in adultery with one Mt. Dropadi. In his written statement, the allegation of adultery was stoutly denied by Naukhi Ram. Thereupon, the following issue was framed by the trial Court:

(2.) WE now come to the proceedings, of 25 5 1957, which are highly material to this case. On that date, the respondent, Naukhi Ram, made a statement to the trial Court to the effect that he was agreeable to the dissolution of the marriage between him and Mt. Savitri Devi. According to the proceedings, Mt. Savitri Devi, apparently, gave up her claim to maintenance and costs.

(3.) AGAINST this decree, an appeal was filed under Section 28 of the Hindu Marriage Act, 1955, by Mt. Savitri. In the memorandum of that appeal, it was stated that the appellant. Mt. Savitri Devi, never gave up her claim to maintenance and costs. This Court was, therefore, requested to modify the decree of the trial Court and grant the appellant, Mt. Savitri Devi, maintenance and costs.