RAM NIWAS SINGH RATHORE Vs. SUMITRA

JUDGEMENT

(1.) THE appellant/respondent has filed the appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 20. 11. 1996 passed in Civil Suit No. 1-A/91 by the District Judge, Shahdol wherein the petition of the respondent for restitution of conjugal rights under Section 9 of the Hindu Marriage Act was allowed and the counter claim of the appellant for divorce on the ground of adultery was dismissed.

(2.) THE admitted facts of the case are that the marriage between the parties was solemnised at Village Pathra, Distt. Shahdol according to the Hindu rites and customs and at the time of filing of the petition in the year 1991 the respondent/ wife was living separately in the house of her parents.

(3.) THE respondent/wife filed the application for restitution of conjugal rights under Section 9 of the Hindu Marriage Act on the ground that the appellant/ husband used to physically assault her and treated her with cruelty for the demand of the dowry. That the appellant has refused to get her within her matrimonial house although the respondent and his family members went to persuade the appellant to allow the respondent to live with the appellant. The respondent has prayed that the appellant be directed to resume the conjugal rights.