VIJAY LAXMI Vs. YOGESH JANARDAN NAIDU

JUDGEMENT

(1.) THIS is an appeal by the wife under Section 28 of the Hindu Marriage Act, 1955 (in short 'the Act'), against the decree of restitution of conjugal rights, granted in favour of the respondent husband under Section 9 of the Act, by judgment dated 4. 5. 1989 of the Court of 4th Additional Judge to the Court of District Judge, Jabalpur.

(2.) THE marriage between the parties took place on 28. 5. 1983 at Kamptee, district Nagpur in the State of Maharashtra. They lived together at Kamptee between 28. 5. 1983 and 9. 6. 1983 and then shifted to Jabalpur on 10. 6. 1983 where the husband is employed as a tracer in the office of the Executive Engineer, P. W. D. The wife had, for a few days gone to her parents' house and lived there between 6. 7. 1983 to 30. 9. 1983. The wife again lived with the husband between 30. 9. 1983 to 23. 10. 1983. Thereafter she went along with her father to Kamptee and never returned to the husband's place at Jabalpur.

(3.) THE case of the husband is that the wife left with her father on 24. 10. 1983 on the pretext that her mother was unwell, but thereafter she never returned inspite of repeated efforts and importunities of the husband to bring her back to the matrimonial home.