MILAN Vs. SUNIL

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 28.2.2001 passed by 9th Additional District Judge, Indore in Case No. 182/99, whereby the application filed by the respondent u/s. 9 of the Hindu Marriage Act for restitution of conjugal rights was allowed, the present appeal has been filed by the wife appellant.

(2.) SHORT facts of the case are that undisputedly appellant and respondent are husband and wife, who were married 23.5.1973. Out of wedlock appellant gave birth to two sons namely Amit and Rohan. Respondent filed the petition u/s. 9 of the HMA for restitution of conjugal rights alleging that appellant has left the house without any sufficient cause since 1996 and living with her parents. In the application it was prayed that since there is no sufficient ground for leaving the house, therefore a decree of restitution of conjugal rights be passed in favour of respondent. The petition was contested by the appellant on various grounds. Learned trial Court after framing of the issues and recording of evidence allowed the application filed by the respondent, which is under challenge in this appeal.

(3.) LEARNED counsel for the appellant submits that decree has been passed in favour of respondent, therefore, execution petition has been filed by the respondent for due compliance of the decree.