ANNA SAHEB Vs. TARABAI

JUDGEMENT

(1.) THIS is an appeal by the husband whose petition for restitution of conjugal rights has been dismissed by the District Judge, Gwalior.

(2.) THE petitioner aged about 30 years is a painter by profession. He was married to the respondent on 17-6-49. The parties are Hindus and the marriage was according to the usual Hindu rites. After the marriage the parties lived together in lashkar.

(3.) THE case of the petitioner-appellant is that on 15-12-1951 the respondent went away and did not return. He served the respondent with a notice on 7-12-1964 calling upon her to come and live with him but she refused to accept the notice. Thus, according to him the respondent has withdrawn herself, from his society without any reasonable excuse. He, therefore, claimed a decree for restitution of conjugal rights.