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1958 Supreme(P&H) 44

A.N.GROVER
Mukand Lal – Appellant
Versus
Jyotishmati – Respondent


Judgment

A.N.Grover, J.

1. This case is the outcome of an unfortunate trouble between a husband and a wife, who both belong to respectable families. The husband, Dr. Mukand Lal, is the Deputy Medical superintendent of Ripon Hospital, Simla. He married Smt. Jyotishmati on 11-12-1932. It is common ground that the wife conceived eleven times but on each occasion she used to have an abortion in the fourth month of the pregnancy. On 14-12-1948, an agreement was entered into between the parties in the presence of the father of the wife and two of her other close relations Shri Jindra Lal, Bar-at-Law, and Shri Shankar Nath, Advocate of Simla. It was recited in the agreement that the parties had mutually agreed to separate and to live separately from each other as "it is best for the two parties to separate and to remain separate on account of the differences and other circumstances that have arisen between them." The husband was to pay maintenance allowance at the rate of Rs. 200/- per month. The other material condition worth noticing is that the wife was to be at liberty to undertake any work or avocation which did not have the effect of lowering the position or status of the husband. Af












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