TULSA BAI Vs. RAJENDRA SINGH SHIVDAS LODHI

JUDGEMENT

(1.) THE controversy involved in the present appeal relates purely to the legal question and the facts have only peripheral relevance.

(2.) RAJENDRA Singh, the husband of Smt. Tulsa Bai filed a suit for restitution of conjugal right in the Court below. The decree was granted for restitution of conjugal rights on 17-1-1991, where against an appeal was filed by the wife Smt. Tulsa Bai in this Court, which according to the learned counsel for the appellant, is pending for adjudication in this Court. Learned counsel for the appellant also submitted that in that appeal, no interim order was granted and as such, the decree for restitution of conjugal rights was in operation.

(3.) THE husband Rajendra Singh, after the grant of decree for restitution of conjugal rights on 19-1-1991, did not wait for a period of two years but immediately in the same year, filed a suit being Civil Suit No. 7-A/91, giving rise to the present appeal, which was on the grounds mentioned in Section 13 (1) (ib) of the Hindu Marriage Act, 1955 i. e.