KAMLA DEVI Vs. BALBIR SINGH

JUDGEMENT

(1.) THIS civil misc. appeal is directed against the judgment and decree of the District Judge, Jammu allowing the petition of the husband made under Section 10/13 of the Hindu Marriage Act, and passing a decree for judicial separation in favour of the petitioner against the respondent.

(2.) SHRI Balbir Singh, filed an application against Smt. Kamla Devi, with the allegations that the latter was married to the former in the year 1964. Her treatment towards him was cruel in as much as she always adopted dis -respectful attitude and behaviour towards the petitioner. She used foul and abusive language towards him. The treatment so accorded towards the husband caused reasonable apprehension in his mind that it would be harmful and injurious for him to live with her. The wife denied the charges made against her. The following sole issue was raised in the case; I/ Whether the respondent has been treating the petitioner with such a cruelty that her stay with him is either dangerous to his life or injurious to his health ? OPP.

(3.) ABOUT half a dozen of witnesses were examined by the petitioner. The learned trial Judge after appraisal of their evidence found Issue No. 1 in favour of the petitioner -husband. He held that the wife used foul and abusive language towards her husband in presence of his parents and that her treatment towards him was not good. The behaviour of the wife undoubtedly caused a reasonable apprehension in the mind of the petitioner that it would be injurious for him to live with her. He, therefore, passed a decree, for judicial separation.