LAWS(DLH)-1982-12-17

CHANDER MUKHI Vs. BHAGAT RAM

Decided On December 01, 1982
CHANDER MUKHI Appellant
V/S
BHAGAT RAM Respondents

JUDGEMENT

(1.) This appeal by Chander Mukhi is directed against the Judgment and Order of Mr. R. Dayal, Sub-Judge, 1st Class, Delhi, dated August 27, 1977 rejecting her petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 (herein after referred to as "the Act").

(2.) The appellant, Chander Mukhi, is resident of village Rithala in the Union Territory of Delhi. The respondent, Bhagat Ram, is resident of village Tikri Khurd near Alipur, Delhi.

(3.) According to Ghander Mukhi, she was married to Bhagat Ram on 18th May, 1964 in Rithala and the marriage was solemnized in accordance with Hindu rites. Thereafter, she went to village Tikri Khurd and stayed with Bhagat Ram for four days. She, then, returned to her parents' home in village Rithala. Bhagat Ram never came to fetch her. Pressure was brought upon him through the village Panchayat but he still did not come. In these circumstances, she submits that Bhagat Ram should be held to have withdrawn from her society without reasonable excuse since 1964.