MST. ANCHI Vs. SATYANARAYAN

JUDGEMENT

(1.) THIS appeal is by Smt. Anchi, who lost her claim for restitution of conjugal rights against Satya Narayan, her husband in the Court of District Judge, Jodhpur.

(2.) THE parties are 'DARJI' by caste. They were married in Samvat year 2007. They stayed together discharging their marital obligations upto 1.11.1967 By this wed lock they bad one son and one daughter. The son died soon after his birth. The daughter is alive and she is Teepoo by name and is staying with her mother Smt. Anchi Satya Narayan is an employee in the Northern Railway. According to Anchi he had been cruel to her. He used to have illicit inter -course with other women. However, she managed to stay with him as far as possible for her. On 1 -11 -67 according to the petitioner she was cruelly beaten and turned out of the house. Then she went to her father's house in village Khagta and has been staying with him since then, Anchi says that she is ready and willing to go to her husband's house but he has been neglecting to look after her as he has several illicit connections. It is admitted before me that Satya Narayan had even re -married in 1969. In the petition Anchi claimed in the first instance restitution of conjugal rights and in the alternative a maintenance allowance for herself and her daughter Teepoo at the rate of Rs. 150/ - per month. Her allegation is that Satya Narayan's income is in the sum of Rs. 300/ - per month She also claimed maintenance pendente lite and expenses of the prosecution.

(3.) THE learned District Judge after an elaborate inquiry held that a custom of divorce is prevalent in the community of the party and the marriage between the parties has been dissolved as alleged by Satya Narayan. In view of the finding he did not think it necessary to decide the other part of the case. He, however, dismissed the petition He also failed to pass any order for providing maintenance to Anchi and her daughter. This order is under challenge.