SANDHYA Vs. VIJAYSINGH

JUDGEMENT

(1.) APPELLANT/defendant has filed this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 3. 4. 1997 in Civil Suit No. 16-A/94 passed by the learned 3rd Additional District Judge, Ujjain, whereby the decree of conjugal rights was passed.

(2.) ADMITTED facts of the case are that the marriage in between the appellant and the respondent was performed on 18. 2. 1980 according to the Hindu rights and customs at Ratlam and after the marriage the appellant lived few days in the matrimonial house and now she is living separately with her parents.

(3.) THE case of the petitioner is that the defendant was in habit of leaving the matrimonial house without the knowledge and the permission of the petitioner and her behaviour with the petitioner and his family members is not desired and cordial. That the defendant has left the matrimonial house with jewellery and cash and on 24. 1. 1994 when the petitioner went to the house of the parents of the defendant at Ratlam to bring her back, she refused to come back and her parents have insulted and misbehaved with the petitioner. The petitioner has prayed that the decree of restitution of conjugal rights under Section 9 of the Hindu Marriage Act be passed against the defendant.