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Mt. Padma Vs. Parma Ram - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtHimachal Pradesh High Court
Decided On
Case NumberCivil Misc. First Appeal Nos. 22 and 23 of 1959
Judge
Reported inAIR1959HP37
ActsHindu Marriage Act, 1955 - Section 10(1)
AppellantMt. Padma
RespondentParma Ram
Appellant Advocate T.P. Vaidya, Adv.
Respondent Advocate Indar Singh, Adv.
DispositionAppeal allowed
Excerpt:
.....the marriage was what is known as an exchange marriage, i. e., while mt. padma was married to parma ram, parma ram's sister, mt. vidya was married to saran, brother of mt. padma. mt. padma's case was that mt. vidya had contracted liaison with nokhu and declined to live with her husband, saran. parma ram put pressure upon mt. padma to persuade her brother to divorce mt. vidya so that she (mt. vidya) could settle down permanently with nokhu. saran, however, did not agree to follow such a course. consequently, parma ram started treating mt. padma with habitual cruelty. he went to the extent of beating her and turning her out of his house. on these premises, mt. padma claimed that she had reasonable apprehension in her mind that it would be harmful and injurious for her to live with.....ordermisc. first appeal no. 22 of 59.14. i allow this appeal, set aside the decision of the trial court and grant mt. padma a decree for judicial separations against parma ram under section 10(1)(b) of the hindu marriage act, 1955. she will get her costs, here and in the court below, from the respondent misc. first appeal no. 23 of 59.15. i allow this appeal and set aside the decree for restitution of conjugal rights granted by the trial court, i. e., parma ram's petition under section 9(1) of the act is dismissed. the appellant will get her costs here, and in the court below, from the respondent.16. this judgment will be read in both theappeals, i. e., misc. first appeals 22 and 23 of 1959.appeals allowed.
Judgment:
ORDER

Misc. First Appeal No. 22 of 59.

14. I allow this appeal, set aside the decision of the trial Court and grant Mt. Padma a decree for judicial separations against Parma Ram under Section 10(1)(b) of the Hindu Marriage Act, 1955. She will get her costs, here and in the Court below, from the respondent

Misc. First Appeal No. 23 of 59.

15. I allow this appeal and set aside the decree for restitution of conjugal rights granted by the trial Court, i. e., Parma Ram's petition under Section 9(1) of the Act is dismissed. The appellant will get her costs here, and in the Court below, from the respondent.

16. This judgment will be read in both theappeals, i. e., Misc. First Appeals 22 and 23 of 1959.Appeals allowed.


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