MANGO Vs. PREM CHAND

JUDGEMENT

(1.) This first appeal filed by Smt. Mango defendant arises out of the judgment and decree passed by the Civil Judge, Moradabad, in the suit of the husband-respondent filed under Section 9 of the Hindu Marriage Act, 1955.

(2.) The admitted facts of the case are that the appellant was married to the respondent in Asarh, 1955, and a few months after, the Gauna ceremony took place in Phagun. The parties lived as husband and wife, at the husband's residence in Amroha for a few days. Sometime in the month of Bhadon, 1956, the uncle of the appellant, Chuttan Singh came to the respondent's house and fetched the appellant away. In spite of several attempts made on behalf of the respondent the parents of the appellant did not permit her to go to her husband's house, and it was stated that the wife was keeping away from the husband without any reasonable excuse and the plaintiff had a right to obtain a decree for restitution of conjugal rights.

(3.) The appellant contested the suit, inter alia, on the grounds that the plaintiff was not the author of the suit and that the same had been instituted at the instance of his father. The plaintiff-respondent was said to be a man of weak intellect, who was sexually impotent, who deserted the appellant and treated her with cruelty. It was further stated that the father of the respondent had an evil eye on the respondent and as he was bent upon outraging the modesty of the appellant, it was not safe for the appellant to live in the house of the husband. Allegations of mal-treatment and indescent behaviour both on the part of the respondent as well as his father were also made.