LAXMIKANT Vs. PREMWATI DEVI

JUDGEMENT

(1.) This appeal under Sec. 28 of the Hindu Marriage Act is filed by the husband against the judgment and decree passed by the 4th Addl. Judge to the Court of the District Judge, Jabalpur.

(2.) Respondent/wife brought an action against the appellant/husband under Sec. 9 of the Hindu Marriage Act for restitution of conjugal rights. The Trial Court, by its impugned judgment and decree dated 1.4.87 granted a decree as prayed for.

(3.) The learned counsel Shri P.S. Gothalwal, appearing for the appellant, submitted that, without affording any opportunity to the appellant, the suit was decreed. Shri Gothalwal pointed out from the order-sheets of the trial Court that at no point of time, the appellant/husband took time. However, only on 27.3.87, he remained absent because he, being in police service, had to attend hearing in some other case. On this date, an application for adjournment was moved, but that was rejected, and behind his back, statement of the respondent, and her witnesses were recorded and, thus, exparte decree was passsed.