LALITA PRASAD Vs. MST. BHANWARI DEVI

JUDGEMENT

(1.) THIS is an appeal against the judgment and decree of the learned District Judge, Jaipur City, dated 26 -3 -75 whereby he dismissed the appellant's application under Section 9 of the Hindu Marriage Act, 1955.

(2.) THE case of the appellant in the lower court was that the respondent Mst, Bhanwari Devi had without soy reasonable excuse withdrawn from the society of the appellant.

(3.) THE marriage between the parties took place on 20 -2 -52 and six children were born out of this wedlook. The eldest child was a daughter and she was married in the year 1970. It is not in dispute that the parties lived together upto 14 -7 -72 when the respondent along with her two minor children Kishori and Gopal left the appellant's house and began to live with the father of the appellant, namely, Gangasahai. It is also not in dispute that prior to 14 -7 -72 two sons of the appellant, namely, Ramnarain and Krishna Kumar had earlier left the appellants house and began living with their grandfather Gjrga Sahai In his statement, the appellant has clearly admitted his litigation with his father Gangasahai as also with his father -in -law and brother -in laws He has also admitted that be is facing a trial for Saving beaten a peon of the court. It further appears that he had also filed a suit against the State for the recovery of Rs. 50,000 as damages for loss of reputation. It is also not in dispute that the appellant is the only son of his father Gangasahai. In this background of admitted facts, it has to be judged whether the respondent withdrew from the society of the appellant without any reasonable excuse. The respondent in her statement has unfolded a tale of woe. According to her the appellant used to beat her throughout the period she lived with him, till she left and been living with the father of the appellant. The learned Counsel for the appellant has strenuously contended that the respondent has completely failed to prove that she was maltreated by her hut -band. In this connection, be invited my attention to the affidavit of the respondent dated 14 -12 -1971 (Ex. 1) and 18 -1 -1972 (Ex. 2) and her former statement dated 23 -12 -1971 (Ex. 7). Besides these documents, he also invited my attention to Exs. 3 and 8. These documents go to show that when the responded was living with the appellant the gave statement in his favour. She has explained that she gave those statements out of fear of maltreatment and beating at the hands of her husband.