SMT. SUDESH KUMARI Vs. VIJAY KUMAR

JUDGEMENT

(1.) This first appeal from order has been filed by the site against the judgment and order of Mr. Jagdish Chandra, Additional District Judge, dated 29th April, 1974, by which the learned judge has allowed the petitioner of the respondent husband for restitution of conjugal rights under Sec. 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act').

(2.) The material facts of the case are that the parties were married on 5th Oct., 1968 and they have a daughter, who was born on 14th Sept., 1970. On 18th March, 1971 the wife deserted the husband and has admittedly never lived with the husband thereafter. The Circumstances under which the desertion took place are in controversy.

(3.) The respondent husband after serving a notice dated 10th May, 1971 (Ex. P1) instituted the petition on 5th June, 1971 for restitution of conjugal rights, 'which has given rise to the present appeal, on the allegation that after the marriage, the parties lived along with the parents and brothers of the husband and soon thereafter the wife started misbehaving and quarrelling with the husband, his parents and other members of the family and then would go to hot parents house, and the husband sad his parents would have to go to the wife's house, make entreaties and bring her back to their house. On one occasion, the wife declined to go to the matrimonial home unless and until a separate residence had been arranged for the couple. The husband has alleged that he was loft with no alternative but 'to arrange house for the wife, separate from his pip, and he ultimately rented another house in Now Moti Nagar, New Delhi, but the wife misbehaved' is that house as well and she would get annoyed and start quarrelling and call her mother and leave the husband's house and 'company and than the husband would follow her to bring her back and she would come back only on conditions. Eventually, on 18th March, 1971, in the absence of the husband, the wife left the matrimonial home without previous permission or information and never, returned to him thereafter inspire of requests. With these allegations the husband urged that the wife has withdrawn from the society of the husband without any reasonable cause and he was entitled to a decree for restitution of conjugal rights.