MISHRIBAI Vs. PARASMAL

JUDGEMENT

(1.) THIS is an appeal filed by the wife Mishribai against the judgment and decree dated 15. 10 88 passed in Civil Suit No. 23-A/86 by the Iind Addl. Judge to the Court of District Judge, Ratlam whereby allowing the appellant's application under Section 9 of the Hindu Marriage Act (hereinafter referred to as 'the Act) for restitution of conjugal rights against the respondent-husband has been dismissed and the husband's cross-claim for divorce under Section 13 of the Act has been decreed.

(2.) THE facts giving rise to this appeal, briefly stated, are as follows :

(3.) IT is the case of the appellant that on 29. 2. 84 the respondent left her at Jaora and has since then deserted her. The appellant-therefore, filed the present application under Section 9 of the Act (C. S. No. 23-A/86) in the District Court at Ratlam against the husband Parasmal for restitution of conjugal rights.