SHYAMLAL Vs. SARASWATI BAI

JUDGEMENT

(1.) THIS is an appeal by Shyamlal, against the judgment and decree dated 22-101964, passed by the learned 2nd Additional District Judge, Bhopal, in civil suit No. 2-A of 1964, whereby the petition of the appellant under Section 9 of the Hindu marriage Act for restitution of conjugal rights was dismissed with costs.

(2.) IT is not disputed that the appellant was married to Saraswatibai respondent at sehore in the year 1947, and both of them lived together as husband and wife till november 1960. The respondent has 2 daughters and 1 son from the appellant and at present they are living with the respondent.

(3.) THE appellant filed an application under Section 9 of the Hindu Marriage Act alleging that the respondent left his house in November1960 on the excuse that her mother was ill at Sehore, and when she did not return for about a fortnight, he went there and requested her to come back with him, but she refused to live with him as his wife. The appellant served her with two notices dated 29-5-1961 and 29-6-1961 and was ready to give her proper treatment but to no avail and she refused to come back to him. Hence the petition.