KAMLA DEVI Vs. AMAR NATH

JUDGEMENT

(1.) THIS is an appeal filed by Shrimati Kamla Devi wife of Amar Nath against the order of the District Judge, Jammu, dismissing her application for judicial separation. The appellant averred in her petition that her husband, Amar Nath, was a drunkard, had been mal -treating her and had turned her out from his house after giving her a beating and that he had falsely involved her in a criminal case under Sec. 498 I. P. C. The husband denied all the allegations made by his wife against him. The District Judge raised an issue whether the respondent has been treating the petitioner cruelly and whether he has sold her ornaments. But without recording a clear finding on this issue he found that the appellant had not been able to establish that her husband had given her any beating and had turned her out, and dismissed her application.

(2.) IN appeal the learned counsel for the appellant argued that the husband had made false allegations of adulterous conduct against the appellant which amounted to legal cruelty and the District Judge had not given a clear finding on the issue specially raised on that point. The case was remanded to the trial Court with the direction that it will allow the parties to adduce further evidence in regard to issue No. 2 and after considering the entire evidence will return a fresh finding on that issue. The District Judge after examining the evidence has come to the conclusion that legal cruelty on the part of her husband towards his wife has been fully established.

(3.) LEARNED counsel for the husband respondent has argued that there is no evidence to show that the criminal complaint filed by his client against his wife under Sec. 498, R. P. C. has in any way affected the reputation of the appellant and, therefore, the allegations made in that complaint do not amount to legal cruelty. We do not see any force in this contention. It is admitted that a criminal complaint was filed by the respondent against the appellant in which he specially attributed adulterous conduct to the appellant.