TULSA Vs. PANNALAL NATHA KOLI

JUDGEMENT

(1.) THIS is an appeal under Section 28 of the Hindu Marriage Act from a decree for restitution of conjugal rights passed in favour of the husband.

(2.) IN his petition under section 9 of the Hindu Marriage Act 1955. Pannalal alleged that he was married to Tulsa in or about 1953. She gave birth to a daughter in 1957, but the girl did not survive for more than two days. Tulsa's father took her to his house for Diwali festival but thereafter she did not return.

(3.) TULSA resisted the petition on the ground that in fact the plaintiff deserted her and he treated, her with cruelty.