YUBRANI LOK RAJYA LAKSHMI Vs. YUBRAJ BRAJENDRA KISHORE SINGH

JUDGEMENT

(1.) This is an appeal by the wife against a decree for judicial separation on the application of the husband. In this judgment the husband will be referred to as the petitioner and the wife as the respondent.

(2.) The parties are Hindus. They were married according to Hindu rites in February, 1965. On 14.7.1966 the appellant gave birth to her first child Gajendra Chandra Singh. On 29.9.1967 she gave birth to her second child Hemendra Chandra Singh. In April, 1969 the respondent filed the application before Judicial Commissioner, Ranchi for grant of decree for judicial separation and for continuing to retain custody of the two children. The application was founded on the grounds of desertion and mental cruelly.

(3.) The plea of desertion is founded on two props. The first is that since the month of February, 1967, shortly after the conception of the second child, without just cause and reason the wife completely refused to cohabit with him. The husband's stand is that despite his persuation and assurance of adopting improved method of birth control to avoid conception, the latter refused to admit him to sexual intercourse. The second prop is that the wife left the matrimonial home on 18.10.1968 never to return back. She was showing signs of reluctance to live with her mother-in-law. In that regard she gave out hints to the husband that she would be prepared to live with him, if he separated from his mother. According to the husband, the appellant created an atmosphere which may provide excuse for obtaining separation and ultimately on 18.10.1968 she walked out of the house never to come back again. The averment of the husband is that the parents and brother of the appellant also fanned the situation in order to bring about separation. The husband has averred that in spite of her further requests, the wife refused to come back. It was insinuated in paragraph 17 that the intention of the wife was to go away to America where she was staying before her marriage and not to come back to the petitioner (respondent) or to this country. The desertion commenced in February. 1967. In token of proof of desire to take back the wife, the husband's claim is that he filed a suit for restitution of conjugal rights. Those are the circumstances of the husband (respondent) in regard to desertion.