DWARKI BAI Vs. GANSYA

JUDGEMENT

(1.) Challenge In This Appeal Under Section 28 Of The Hindu Marriage Act, 1955 Is Made To A Judgment And Decree Dated 16/07/01 Passed By The Distt. Judge, East Nimar, Khandwa In Civil Suit No. 96-A/97 Whereby An Application Filed By The Appellant Wife Under Section 9 Of The Restitution Of Conjugal Rights Is Rejected.

(2.) It Is The Case Of The Appellant That She Was Married To One Kadwa And Out Of This Wedlock, She Had Four Children. It Is Said That She Got Divorce From The Said Shri Kadwa Sometimes In The Year 1995 And, Thereafter, Respondent Herein Shri Gansya Got Married To Her, Inspite Of The Fact That He Was Aware Of The Earlier Marriage, Divorce Etc. Of The Petitioner, It Is Said That The Marriage Between The Appellant And The Respondent Was Performed In The Year 1997. The Marriage Was Said To Be A ''Pat Marriage''. Thereafter, They Lived For Sometime For About An Year And A Half. However, When The Respondent Treated Her With Cruelty And Deserted Her And When He Was Unwilling To Keep Her With Him, The Suit In Question Was Filed For Restitution Of Conjugal Rights.

(3.) Notices Were Issued, Respondents Appeared And Filed The Written Statement But, Thereafter, Remained Absent, As A Result, Ex Parte Proceedings Were Held. Based On The Pleadings, The Learned Trial Court Framed Two Issues, They Were :-