PUSHPALATA Vs. HIRALAL SINGH

JUDGEMENT

(1.) This is an appeal by the defendant under section 28 of the Hindu Marriage Act against whom a decree for restitution of conjugal rights was passed.

(2.) The case of the respondent-plaintiff is that on May 2, 1982, he was married to the defendant according to the Hindu rites. The defendant came and lived with the plaintiff and continued to discharge conjugal obligations. In Jan., 1983, the defendant returned back to her father's house. Thereafter, the plaintiff made several attempts to take her back to the marital home, but she declined to go without any reasonable and probable cause. He, therefore, filed the suit for restitution of conjugal rights.

(3.) The defendant emphatically denied that on May 2, 1982, or any other date, the plaintiff married her. She submitted that she was married to Ramsajivan son of Mahadeo of village Parsa, in 1970, and he is still alive. She also denied that she lived with the plaintiff and discharge the conjugal obligation. Similarly, she denied all other adverse allegations contained in the plaint.