SMT. ANGOORI DEVI Vs. BALKISHAN MANGAL

JUDGEMENT

(1.) This is an appeal by wife Angoori Devi against whom a decree for judicial separation under section 10 of the Hindu Marriage Act. 1955, has been passed by the District Judge, Bharatpur, vide judgment dated May 22, 1975.

(2.) The relevant facts of the case are that the marriage between the parties was solemnized at village Samraya according to Hindu rites in July, 1962. After the marriage, the parties used together up to with, march 1963. It is stated that in March, 1963, the parties along with the parents of the respondent Went to Brahmabad fair and when they were returning from there, the appellant dropped at village Samraya against the wishes of her husband and the parents of her husband. According to the respondent, the appellant thereafter never returned to the house use of her husband inspite of several efforts made in that behalf by the husband to bring the appellant to her husband's house. The present petition was filed on Dec. 5, 1970 mainly on the ground that the appellant has deserted the respondent without any reasonable cause for more than 2 years with the intention of deserting him permanently. The appellant Contested the petition. She admitted that the marriage between the parties was solemnized in the year 1962 at village Samraya. She denied that she alighted from the bus at village Sanuaya while returning from Brahmabad against the wishes of her husband and her husband's parents. According to her, the blame lay with her husband who deserted her without any reasonable and probable cause. It was alleged by the appellant that her husband never came to her parent' house to take her back with her to his house. It was also pleaded that the petition was liable to be dismissed as it was filed after considerable delay The learned District Jude, after consideration of the evader on led by the parties, came to the conclusion that the husband has succeeded in proving that his wife deserted him for a period of mare than 2 years without any reasonable cause and this desertion was with the intention of permanently keeping away from the company of the respondent. On the point of delay, the learned District Judge held that there was no culpable delay so as to debar the husband from filing the petition for judicial separation. The learned District Judge also made an attempt for reconciliation, but the appellant, no doubt, showed her willingness to accompany her husband, but the respondent refused to accept her after the expiry of 11 years. The Husband also showed his difficulty in adjusting with the appellant when his prestige has been lowered down in the society by the conduct of the appellant in refusing to live with him inspite of best efforts made on his part. The learned District Judge in the result allowed the petition and passed a decree for judicial separation under section 10 of the Hindu Marriage Act, 1955. The appellant Angoori Devi his now preferred this appeal before this Court.

(3.) I have heard the learned counsel for the parties and gone through the record of the case.