KAMLA DEVI Vs. BALBIR SINGH

JUDGEMENT

(1.) A matrimonial dispute between the parties to this litigation legally started in the year 1970 when the husband respondent filed a petition under Ss.10 and 13 of the Hindu Marriage Act for getting a decree of divorce or in the alternative a decree for judicial separation on the alleged-ground of cruelty of the wife appellant.

(2.) The facts leading to the filing of the present appeal are that the parties were married on 16-2-1964, a female child was born, to the parties in the year 1965 who died after 6/7 months, second female child was born in November, 1970 who is alive and was living with the wife-appellant. The husband alleged that the treatment of his wife towards him had been very disrespectful and abusive. The behaviour of the wife towards the husband had been extremely bad who had always ill-treated him. The wife had been treating the husband with such cruelty that he had reasonable apprehension in his mind that it would be harmful and injurious for him to live with her. In para 10 of the petition the husband alleged that he has not in any manner condoned the cruelty of the respondent. The wife resisted the grant of decree of divorce or judicial separation on the grounds that she was not guilty of the alleged cruelty. She had been living with her husband in the house of her father-in-law. It was only about three months from the date of filing of her objections on 24-3-1971 that she came to her parents in connection with the delivery of the child whereafter the petitioner-husband never came to take her back to his house. She was prepared to go and live with the husband. The petitioner-husband had filed the application with the ulterior motive of his remarriage somewhere else. Para 10 of the petition was specifically denied and it was stated that there was no truth in the allegations of the cruelty or bad treatment by the wife, therefore there was no question of condonation of cruelty.

(3.) On the pleadings of the parties the following issue was framed :