MATHURA BAI Vs. RAMNATH RAM SINGH

JUDGEMENT

(1.) THIS appeal is by the appellant -wife against impugned judgment dated 1/2/2007 in a Civil Case No.12/06 (HMA) passed by the Additional District Judge, Gohad, District Bhind while dismissing her petition filed under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights and no order was passed in regard to costs of the case.

(2.) THE facts are quite simple. The appellant married the respondent - Ramnath 17 years prior to the date of presentation of the petition under Section 9 of the Act according to the rites and rituals of the Hindu religion. Out of their wedlock, one daughter Sanju was born. After a period of about 12 years from marriage, it was alleged that the appellant -wife was subjected to cruel some behaviour by her husband. She was deserted. Thereafter, an application under Section 125 of Cr.P.C. for grant of maintenance was moved in the Court by the appellant and her daughter Sanju against the respondent -husband. After consideration, the Court allowed maintenance to the tune of Rs.500/ - per month to each of the claimants. Subsequently, the said order of maintenance was assailed in revision by the husband and to the extent of the wife it was set aside on merits and of daughter on the ground of compromise. Therefore, this petition under Section 9 of the Act was moved by the appellant wife for restitution of conjugal rights.

(3.) IN reply, the entire facts were denied by the respondent -husband. It was also denied by him that appellant/petitioner was his legally wedded wife. He contended that her marriage was solemnized with one Lalaram. Under such circumstances, it was prayed by the respondent -husband for dismissal of the petition.