Pritam Singh Pattar, J. - (1.) THIS is a first appeal filed by Mst. Jasbir Kaur against the order dated April 1, 1972 of Sub -Judge 1st Class. Hoshiarpur, whereby he passed decree for judicial separation under section 10 of the Hindu Marriage Act against her in favour of her husband Ranjit Singh.
(2.) THE facts of this case are that the marriage of Jasbir Kaur appellant and Ranjit Singh respondent took place on June 15, 1956 at village Kurala Kalan, Police Station Tanda, District Hoshiarpur, and the parties thereafter resided at the house of Ranjit Singh at village Sallapur in Tehsil Dasuya as husband and wife. Jasbir Kaur gave birth to a daughter on February 22, 1958 from the loins of the respondent and her name is Harmohinder Kaur and the is residing with her father Ranjit Singh, respondent. The relations between the parties became strained in the the year 1964 and it is alleged that the appellant took away all the clothes and jewellery worth Rs. 2,000/ - to her parents house and thereafter she would come for a few days to his house and then would return to the those of her parents. It is alleged that in the year 1967, Jasbir Kaur abandoned the girl Harmohinder Kaur and settled at her parent's house and openly declared that she would never return to the house of her husband. On April 29, 1969, Ranjit Singh made an application under section 10 of the Hindu Marriage Act for judicial separation in the Court of the District Judge, Noshiarpur and a compromise was effected between the parties in that case on November 13, 1969, according to which Jasbir Kaur agreed to live with him at Chandigarh. One of the terms of the agreement was that Ranjit Singh will go to the house of the parents of Jasbir Kaur on the next day, i.e. November 14, 1969 and would take her to Chandigarh. He accordingly went to the house of her parents on November 15. 1969, but she refused to come to his house. He was also alleged to have taken Panchayat to village Kurala on March 9, 1970 to take Jasbir Kaur to his house and they convened a Panchayat there, but neither Jasbir Kaur nor her father attended that Panchayat. Ranjit Singh then filed the present application under section 10 of the Hindu Marriage Act for judicial separation on August 7, 1970, alleging that Jasbir Kaur deserted him for a continuous period of more than four years immediately preceding the presentation of the petition without any reasonable cause. In her written statement, Jasbir Kaur admitted the factum of the marriage, but denied the allegations regarding desertion. It was alleged that Ranjit Singh, is employed in the Army and whenever he came to the village on leave, both of them lived as husband and wife and after the expiry of his leave she would remain mainly in the house of the father of Ranjit Singh and sometimes she used to go to the house of her parents at village Kurala. She admitted that she gave birth from the loins of Ranjit Singh to a girl, named Harmohinder Kaur on February 22, 1958 and she is living at village Sallapur with Ranjit Singh. She also gave birth to a son on December 21, 1967, but unfortunately he died a few days after his birth. She denied all other allegations made in the petition. It was pleaded that the treatment of the petitioner, his father, his brothers and also the wife of his elder brother was cruel towards her and they subjected her to all sorts of illtreatment and that the petitioner Ranjit Singh used to give beating to her and made her life miserable. He used to tell her that she was not beautiful and had only one eye and, therefore, she was not to his liking and he wanted to marry a beautiful educated girl, but she objected to this and thereafter he used to maltreat her and give beating to her and finally turned her out of his house on or about the month of December, 1968 and that since then she was residing at her parents' house. It is averred that this application has been made with a view to create evidence for divorce. On these pleadings of the parties, the following issues were framed by the Sub -Judge : - - (1) Whether the respondent has deserted the petitioner for a continuous period of more than two years without any reasonable cause ? (2) Whether the petition has not been properly verified, if so, to what effect ? The learned Sub -Judge held that Jasbir Kaur deserted the petitioner for a continuous period of more than two years without any reasonable cause and decided issue No. 1 in favour of the petitioner Ranjit Singh. Issue No. 2 was decided against the appellant. As a result, decree for judicial separation was passed in favour of Ranjit Singh against Jasbir Kaur with no order as to costs. Peeling aggrieved, Jasbir Kaur filed the present appeal in this Court.
(3.) SECTION 10(1) (a) of the Hindu Marriage Act reads as follows : - - 10(1) Either party to a marriage, whether somelmnized before or after the commencement of this Act, may present a petition to the District Court praying for a decree for judicial separation on the ground that the other party - - . (a) has observed the petitioner for a continuous period of not less than two years immediately proceeding the presentation of the petition ; (b)............... (c)...... (d)............ (e)............... (f)............... Explanation. - -In this section, the expression 'desertion', with its grammatical variations and cognate expressions, means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wash of such party, and includes the wilful neglect of the petitioner by the other party to the marriage.;