SMT. HEM KANWAR Vs. CHANDRA SHEKHAR

JUDGEMENT

(1.) This appeal arises out of an action brought by Chandra Shekhar, husband, for judicial separation against his wife Smt. Hem Kanwar. Chandra Shekhar succeeded to obtain a decree for judicial separation on the ground of desertion from the Court of District Judge, Udaipur, vide his order dated April 7, 1973.

(2.) Chandra Shekhar and Smt. Hem Kanwar were married according to Hindu rites on May 11, 1965. She stayed with him upto Jan. 16, 1967. According to husband petitioner, she left his he use on Jan. 16, 1967, with her father against his will. She had also taken away all the gold and silver ornaments with her. According to him he tried his best on several occasions to call her back, but she did not return and in this manner she deserted him for without any justifiable cause. This petition was filed on Jan. 14, 1971.

(3.) Smt. Hem Kanwar contested the petition by her Written statement dated Sept. 10, 1971. The factual aspect of separation is not disputed. She admitted that she left the house of her husband on Jan. 16, 1967, but her case is that she was treated very cruelly by her step mother in law and at the instigation of her step-mother-in-law her husband used to beat her. She was also asked many a time to bring money from her to there. Her contention further is that she was confined in a room on Jan. 16, 1967. Some one from the neighbour hood informed her father, who came there with his wife, that is with Hem Kanwar's mother, and intervened and some how he took her away to his house. It is not disputed that after that she did not go to her husband's house but the allegation is that she was never asked to come back to her husband's house. No attempt was made even to call her. Her father to formed them many a time to take her back and to make lives peaceful, but it was always ignored and it was said on their behalf that that they will remarry Chandra Shekhar. It might as well be mentioned that at the time of the marriage Hem Kanwar bad passed her 9th class and she was the student of 10th class. Her parents-in-law, including her husband, were against her continuing study. During her stay in her husband's house, she passed her matriculation examination After she was compelled to leave his house she had done her B.A. and B.Ed. and she is working as a lady teacher earning about Rs. 300.00 p.m. She bad stated in her written statement that the was always prepared and still ready and willing to discharge her marital obligations towards her husband but the husband is not prepared to take her back; as he another step mother-in-law always wanted to treat her as a slave in the house.