SURJIT KAUR Vs. INDER SINGH

JUDGEMENT

(1.) This is an appeal filed by Smt. Surjit Kaur under Section 28 of the Hindu Marriage Act, 1955 (hereinafter called the Act) against the decision of the learned Additional District Judge, Ferozepore, granting a decree for judicial separation in favour of her husband, Inder Singh, under Section 10 of the Act.

(2.) The marriage between the parties took place in 1957. According to the petitioner, the wife went to her husband (Muklawa) after about one year of the marriage and then they resided together amicably at the village of the husband, namely Daula, district Ferozepur, for about two years. Thereafter, in the month of February, 1960, the wife went away with her father, Sajjan Singh, on the pretext that she had to attend the marriage of some relative. She promised to return after about a month, but she never did so. Thereupon, the husband asked the wife to return to him and resume co-habitation, but her parents refused to send her back. After waiting in vain for her return the husband filed a complaint in April 1961 under Section 406 and 420, Indian Penal Code, against his wife and her father for the return of the ornaments which she was alleged to have taken away with her. While that complaint was pending, the wife made an application in June 1961 under Section 488 of the Code of Criminal Procedure against her husband for the grant of maintenance allowance. On 20th of January, 1962, the Magistrate ordered that the husband should pay a sum of Rs. 20/- p.m. as maintenance to his wife. On 10th of August, 1961, the husband's complaint under Sections 406 and 420 of the Indian Penal Code was dismissed. Both the husband and the wife went in revision against the order granting maintenance, but their revision petitions were dismissed by the learned Sessions Judge. In February, 1962, the husband filed a petition under Section 9 of the Act for restitution of conjugal rights on the ground that his wife had withdrawn from his society without any reasonable excuse. It was dismissed by the Subordinate Judge, Ist Class, Muktsar on 5th June, 1962 on the ground that the husband had failed to prove the allegations made in his petition. In August, 1962, the wife made an application under Section 489, Criminal Procedure Code, for the enhancement of the maintenance allowance granted to her. This application was rejected on 29th June, 1963. In the meantime, on 28th January, 1963, a complaint under Section 107 read with Section 151, Criminal procedure Code, was filed by the husband against his father-in-law and it was dismissed on 15th July, 1963 by the Magistrate, Ist Class, Giddarbaha,district Ferozepur. Thereafter, the husband filed the present petition under Section 10 of the Act for judicial separation against his wife on 24th February, 1964, on the ground that she had deserted him without his consent for a period of more than two years immediately preceding the presentation of the petition and had refused to return in spite of having been asked several times to do so.

(3.) The petition was contested by the wife who pleaded that after Muklawa, she had lived with the husband for a period of three years. During that period, the husband had started abusing and ill-treating her on the ground that her father had not given good dowry to her. Sometimes he used to beat her and turn her out of his house, but her father used to send her back. She then fell ill on account of the ill-treatment of her husband and on receiving constant beating from him. She was not given any medical treatment and ultimately her husband took her to her father's house and left her there. He never went there to enquire about her health and made no arrangements for her treatment. She remained ill for about 8 months and her father incurred all the expenses of her treatment. When she became quite fit, her father sent a message to the husband to take her back to his house, but he neither came himself nor sent any relative for that purpose. Later on, she along with her father went to the house of her husband, but he refused to keep her or give any maintenance to her. Subsequently, the Panchayat of the village of her father went to her husband for asking him to take her back and treat her nicely, but nothing came out of these efforts. The husband then filed a false complaint under Sections 406 and 420, Indian Penal Code, against her and her father, and the same was dismissed. Under these circumstances, there was no choice left for her, but to file a petition for getting maintenance under Section 488, Criminal Procedure Code and this petition was successful and she was awarded Rs. 20/- per mensem. It was also contended by her that there had been undue delay in the filing of the petitioner for judicial separation.