SUNIL KUMAR DATTA ROY Vs. SMT. SWARNA DATTA ROY

JUDGEMENT

(1.) THIS appeal is by the husband who filed a suit for judicial separation from his wife, the respondent hereto. He sought judicial separation on two grounds : (i) desertion and (ii) cruelty on the part of the wife.

(2.) THE husband has alleged that his wife refused to live with him in his paternal home and was living in a separate rented house in the town of Silchar in which also the petitioner lived with his parents. This, according to the appellant, amounts to desertion; we have perused the relevant evidence on record, The respondent has admitted that she is reluctant to live with her husband; she says she is not living with her husband in that family as in that family two persons, namely, the mother and the sister of the husband, are suffering from T. B. She says that if the husband comes out from that family and lives either in the house rented by her in the same town or in a separate house to be rented by the husband, she does not have any objection to live with him. These are material facts in this case.

(3.) SUB -section (1) of Section 10 of the Hindu Marriage Act, 1955, provides: