N SREEPADACHAR Vs. VASANTHA BAI

JUDGEMENT

(1.) This is an appeal filed by the husband against the order of the learned First Additional Civil Judge, Mysore, rejecting the petition filed by him for judicial separation under Section 10(1)(b) of the Hindu Marriage Act.

(2.) The appellant's case is that he was married to the respondent on 3-7-1953. After living for a short while in Hubli, he was transferred to Mysore in April 1954, and thereafter, they were residing in Mysore City. The respondent had a very irritable temper and a foul tongue. She quarrelled with the appellant over trivial matters and on account of her quarrels and abuses, the appellant had to spend sleepless nights many a time. The respondent used to abuse the appellant in the foulest language and used to behave towards him in public most insultingly. She used to subject him to humiliation and shame in the eyes of the public and make him a laughing stock in the locality and feel very miserable. She used to hold out threats of consisting suicide and the appellant had to keep himself constantly watchful in order to prevent her from committing suicide. The respondent had expressed many a time that she would feel very happy by getting the insurance and Provident Fund amounts if the appellant dies early. As a result of the respondent's abuses and temper the appellant found it impossible to live with her and he was obliged to quit the house on 30-9-1961 in sheer desperation and disappointment. It was harmful and injurious to live. with the respondent because of the ill-treatment. The appellant prayed that the Court may be pleased to grant him a decree for judicial separation.

(3.) The respondent denied the allegations made by her husband. She stated that her husband was not paying her sufficient money to run the house-hold. She complained that the appellant was coming to the house at odd hours and some times late at night In spite of the inhuman conduct of the appellant, she behaved like a dutiful wife. She accused her husband of carrying on propaganda among his friends and relatives that she was mentally unsound. She has maintained that it was the appellant who was behaving in inhuman manner towards her and that she has been a dutiful wife. She contended that there are absolutely no grounds for granting a decree for judicial separation and prayed that the petition may be dismissed with costs.