CHHAGAN LAL Vs. SAKKHA DEVI

JUDGEMENT

(1.) THIS appeal is brought under sec. 28 of the Hindu Marriage Act, 1955, hereinafter to be referred as the "act", by a husband against the judgment of the learned District Judge, Ajmer, dated 30. 11. 72 whereby the learned District Judge passed a decree for judicial separation against the appellant-husband in favour of his wife Smt. Sakkha Devi and at the same time ordered the husband to pay interim maintenance to the wife at Rs. 30/- per month under sec. 24 of the Act.

(2.) THE petition under sec. 10 of the Act was made by the wife Smt. Sakkha Devi on 28-2-68. It was averred by her that Chhaganlal appellant and Smt Sakkha Devi were married according to the Hindu rites in April, 1958 and that the parties lived together happily as husband and wife in village Tabijee near Ajmer till the month of October, 1963. Since October, 1963 the relations between the two spouses were strained. It was further averred by the wife that the husband had developed illicit intimacy with one Smt. Sayari, a married woman, sometime in July, 1963. THE coming in of a second woman between the two spouses resulted in the husband being cruel to the wife. He was alleged to have behaved in a most insulting manner towards the wife and he disgraced her and called her names. This happened almost every day between July, 1963 and November, 1963 when the husband also beat the wife. As a result of the cruel treatment meted out to the wife she was forced to leave the husband's home and since November, 1963 she was living with her brother Laduram at Johns Ganj, Ajmer- On account of the aforesaid conduct of the husband the wife apprehended that it would be harmful or injurious for her to live with her husband. Consequently she prayed for a decree for judicial separation. Smt. Sayari, the other woman, has been impleaded as a co-respondent.

(3.) I may take up points (2) and (3) first as they relate to the decree for judi-cial separation.