RAMESHWAR Vs. PREMLATA DEVI

JUDGEMENT

(1.) This appeal by the husband is directed against an order of dismissal of his petition under S.10 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act').

(2.) The appellant and respondent 1 Premlata Devi alias Prem Kumari were married according to Hindu rites sometime in February, 1969 and a son, namely, Ajay Kumar Mishra, was born to them out of this wedlock. Respondent 2 Awadh Kishore Mishra is the father of Premlata Devi.

(3.) The case of the appellant is that his wife Premlata Devi, who is the youngest daughter of her father, was very much under the influence of her father who did not allow her to live with the appellant even at the cost of disruption of the conjugal life of the appellant and respondent 1. It has also been stated that Premlata Devi has got only two sisters and no brother, but, out of them, she alone was living with her father and was under his influence. Respondent 2, it is said had declared a number of time even before the appellant that he was not going to permit respondent 1 to go to her Sasural or to obey the appellant or any member of his family, as the members of the family of the appellant were illiterates and rustics whereas the respondents 1 and 2 were urbane living in the town of Katihar and were also literate persons respondent 2 being a teacher in a high school and respondent 1 being an M. A. In view of this complex, respondent 1 used to speak ill of every thing and anything of the family of the appellant and even went to the extent of fabricating false and imaginary allegations to defame the members of the appellant's family.