KANTA BAI Vs. GOPAL DAS

JUDGEMENT

(1.) DEFENDANT/appellant has directed this appeal against the judgment and decree dated 3. 4. 1996 passed by I Additional District Judge, Neemuch in Civil Suit No. 38-C/94, thereby passing a decree for restitution of conjugal rights against appellant and in favour of respondent/plaintiff.

(2.) BRIEFLY stated the facts of the case are that appellant and respondent are husband and wife and the marriage between the parties was solemnized on 7. 3. 1991 according to Hindu religion and customs at village Narayangarh. After the said marriage, appellant lived at her matrimonial house alongwith respondent till 31. 7. 1993. On 31. 7. 1993 she went to her parental house and voluntarily residing alongwith her parents and despite efforts of the appellant she is not ready to consumate marital relations. Respondent (husband) filed an application before the Trial Court under Section 9 of the Hindu Marriage Act (for short "the Act") for grant of decree of restitution of conjugal rights against appellant (wife ).

(3.) LEARNED Trial Court on evaluating evidence adduced on behalf of the parties allowed the application filed by respondent and granted a decree of restitution of conjugal rights under Section 9 of the Act in favour of respondent and against appellant. Aggrieved by the said judgment and decree of the Trial Court, the appellant has filed this appeal.