ANANDI DEVI Vs. RAJA RAM

JUDGEMENT

(1.) THIS is an appeal by a wife directed against the judgment of the learned District judge, Pali dismissing the wife's application under the Hindu Marriage Act, 1955 for restitution of conjugal rights against her husband.

(2.) THE parties belong to the Sadh (Yaishnaval community and were married according to Hindu rites in Samvat year 2013. They lived together as husband and wife for about 6 years. Thereafter when the wife had conceived she was sent to her father's house for delivery. A male child was born to her. Unfortunately the male child had died. The grievance of the wife was that after the child birth her husband Raja Ram had withdrawn from her society without a reasonable excuse and had failed to look after her. The reason assigned by the wife for this behaviour was that she was being ill-treated and the husband and his people wanted an educated wife. It was further stated in the petition that prior to the present petition a similar petition was filed in the District Court, but it was withdrawn by the wife on 3-3-1964 as a result of fraud practised on her by the husband. Therefore, regarding this withdrawal it was urged that it should not operate as a bar to the maintainability of the present petition.

(3.) THE husband resisted the petition. He pleaded that the petitioner had been divorced by him according to the custom prevalent in their community. The custom of divorce was that a husband would be tearing a piece from his turban and giving it over to the wife saying that they were no more husband and wife. It was further pleaded that the wife had been living in adultery with one Madanlal teacher.