SMT. GAYATRI DEVI JAIN Vs. SHRI DIP CHAND, S/O KHARAITI RAM JAIN
LAWS(P&H)-1977-2-21
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 18,1977

Appellant
VERSUS
Respondents

JUDGEMENT

O. Chinnappa Reddy, J. - (1.) This appeal is by the wife against it decree granted by the learned Additional District Judge, Jullundur for judicial separation. The respondent-husband filed a petition for divorce or in the alternative for judicial separation alleging that the appellant was suffering from Schizophrenia even prior to her marriage, that this fact was kept concealed from him and that she was treating him with such cruelty as to cause an apprehension in his mind that it would not be safe for him to live with her. The learned Additional District Judge found that the evidence adduced by the respondent was not sufficient to establish the allegation that the appellant was suffering from Schizophrenia or that she was in sane even prior to her marriage. On the ground of cruelty, however, he found in favour of the husband and granted a decree for judicial separation.
(2.) In this appeal by the wife, Shri D.N. Awasthy, the learned counsel for the appellant, urges that the evidence adduced by the husband was too meagre to sustain a finding of cruelty. I have gone through the evidence and am satisfied that the evidence before the lower Court was certainly sufficient to sustain the finding of cruelty arrived at by the learned Additional District Judge. The respondent gave evidence as P.W. 7. He stated that the behaviour of the appellant was aggressive and destructive and that she was violent. He stated that she used to he mentally and physically violent towards him every day. He stated that whenever she got angry she would hold him by the neck of his shirt and tear the his clothes. He was often humiliated by reckless and baseless allegations made by the appellant against him. She even filed a complaint before the police imputing illicit relations with others of him. The evidence of the husband in regard to the behaviour of the wife has been corroborated by the evidence of several witnesses examined by him, P.W. 1. Dr. H.L. Snarma, who had the opportunity of treating her for some time, stated that there was an aggressive tendency present in her, that she would use intolerable words against her husband and that on one occasion he had seen them to torn clothes, P.W. 2 Ram Murti Gupta s aced that on one occasion when they returned from pilgrimage, she threw a kettle of tea at the respondent on the ground that there was no sugar in the tea. She also threw two or three bottles of holy water brought from Vaishno Devi at the petitioner. She had also made allegations against the respondent that he had illicit relations with on. Surinder at Tdnda Urmur. P. W. 5 Mr. Manjit Bajwa also deposed that on one occasion, the appellant contacted her and made wild allegations against the character of her husband stating that he was having illicit relations with one Miss. Chadha. P.W. 8 Shrimati Ram Piari deposed that the appellant used to suspect the character of the respondent and at times used to throw utensils at him. She also stated that the appellant used to suspect that the respondent had illicit relations with her.
(3.) Having regard to the evidence, I cannot say that the lower court was wrong in arriving at the conclusion that the appellant was behaving with such cruelty towards the respondent as to make him apprehend that it would not be safe for him to live with her. The appeal is, therefore, dismissed No costs. Appeal dismissed.;


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