PRAHLAD SINGH Vs. MEENA KUMARI

JUDGEMENT

(1.) THIS is an appeal by Prahlad Singh whose petition for judicial separation against his wife, Smt. Meena Kumari has been dismissed by the District Judge, Udaipur, on 15 -4 -74.

(2.) THE parties are Sindhis by caste and they were married according to Hindu rites on 17 -1 -60 at Udaipur. It appears that they lived together for about ten years. In the petition dated 3 8 73 it has been alleged by Prahlad Singh that Meena umari has deserted him for more than three years and has been stating at her father's place without any reasonable excuse. It was also alieged that his wife had been very cruel to him when she staying with him. He mentioned an incident when she ran after him with a burning piece of wood. According to the petitioner Meena Kumari is also a woman unsound mind and on account of irregular periodical menses she has not been able to conceive which has also caused a tension on the mind of the petitioner, as he would not be able to run his family name. Thus he prayed for judicial separation on three grounds : (i) that Meena Kumari has deserted him for a continuous period for more than two years; (ii) that Meena Kumari has treated the petitioner with cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be huarmful and injurious for him to live with her; and (iii) that Meena Kumari is a wouman of unsound mind.

(3.) THE learned Judge tried the case and recorded the evidence adduceded before him by the parties. On a consideration of the evidence be held that Meena Kumari is not staving at her marital home without a reasonable cause. Though in fact the parties are living Separately but Meena Kumai has every intention to go back to her home and is prepared to discharge her marital obligations. He found no truth in the allegation that she is a woman of unsound mind He was also unable to find in favour of the petitioner that she has been, cruel to her husband as to cause reasonable apprehension in the mind of the petitioner that it would, be injurious to him to live with her. This decree has been challenged before him.