KIRAN GANDHARWA Vs. RAJENDRA GANDHARWA

JUDGEMENT

(1.) THIS is first appeal arising out of the judgment and decree dated 26-7-2006 passed by IInd Additional District Judge, Rajnandgaon in C.S. No. 37A/ 2006 whereby and where under, learned trial Court has passed decree in favour of the respondent husband for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 (briefly the Act).

(2.) UNDISPUTED facts of the case are that the appellant is legally wedded wife of the respondent The marriage solemnized between them on 11-5-2003 at Drug. They lived together at village Korinbhata, Rajnandgaon for six months after marriage.

(3.) A bare perusal of the order sheet of the trial Court would reveal that the appellant was negligent through out in prosecuting her case before the trial Court. On 9-2-2005, she was proceeded exparte. On 4-5-2005, exparte proceeding was set aside and the case was again fixed for framing issues. Again on 17-11-2005, she remained absent and the case was fixed for respondent's evidence on 30-12-2005. On 30-12-2005 again she remained absent.