SUMANBAI Vs. ANANDRAO ONKAR PANPATIL

JUDGEMENT

(1.) This is a wife's Second Appeal challenging the validity and property of a decree passed by the learned Assistance Judge, Dhulia, on August 2, 1972, passed in favour of the husband for restitution of conjugal rights. The decree was passed by the learned Assistant Judge, Dhulia who set aside the decree passed by the Civil Judge, Senior Division, Dhulia dismissing the husband's petition under Section 9 on the ground that the husband had failed to prove that wife's withdrawal from his society was without reasonable excuse.

(2.) The findings of the trial Judge were based on careful appreciation of the oral evidence of the husband and his witness on the one hand and the wife and her witness on the other and also the documents on record produced by both the sides. The learned trial Judge observed:

(3.) The learned Civil Judge, therefore, rightly came to the conclusion that the relations between the parties were extremely strained. The learned Civil Judge also relied on the fact that though the husband was asking for restitution of conjugal rights in para. 5 of the petition he averred as follows:- The learned Judge therefore held that this amounted to doubting the paternity of the third child though the learned Advocate for the husband stated before the learned Civil Judge that he was not pressing that issue and he was pressing only for the return of the respondent i. e., restitution of conjugal rights.