SUSHILA BAI Vs. PREM NARAYAN

JUDGEMENT

(1.) This appeal has been preferred by the aggrieved wife under S. 28 of the Hindu Marriage Act, against the order of the District Judge, Gwalior, dated 29-2-1980.

(2.) On 9-10-1978, wife-appellant filed an application under S. 9 of the Hindu Marriage Act (hereinafter referred to as the Act) in the Court of the District Judge, Gwalior and prayed for a decree for restitution of conjugal rights. The facts disclosed in this application are that she was married to the respondent on 28th June, 1972 and after marriage, both lived together. During this period, she was mistreated and assaulted by the respondent and ultimately, on 1st May, 1977, the respondent abandoned her in her parental home with the instructions not to send her to him, unless called for. Several letters were sent by her parents to respondent, requesting to take the appellant back, but the requests remained unanswered.

(3.) Respondent, in his reply, admitted the factum of marriage, but repudiated the allegations of cruelty. He also denied that he has abandoned the wife and left her in the residence of his in-laws. Respondent pleaded desertion on the part of his wife.