MANGIBAI Vs. JAGANNATH

JUDGEMENT

(1.) This appeal arises out of judgment dated 19-3-87 in Regular Civil Suit No. 23/86 of the court of Second Addl. Judge to the District Judge, Mandsaur, decreeing respondent-plaintiff's suit for restitution of conjugal rights under Sec. 9 of the Hindu Marriage Act.

(2.) Plaintiff's case, in brief, is that his appellant-wife, deserted him for no cause and started living with her parents, without bothering to return inspite of several attempts. Appellant resisted the suit mainly on the ground that the respondent had already two other wives without divorce from them one Mst. Deobai from village Udpura and the other Mst. Bagdibai from village Hatunia and she was thus his third wife. On instigation of co-wives, he treated her with cruelty by indulging in her frequent "Marpeet" for no cause. Ultimately he himself turned her out and left her at her father's house.

(3.) The main ground of appeal is mis-appreciation of evidence and consequent incorrect findings in respect of issues Nos. 2, 3, 4 and 5.