SHARMILA ALIAS BHURI Vs. CHHOTE LAL

JUDGEMENT

(1.) THIS is an appeal under Section 28 of the Hindu Marriage Act, 1955 (hereinafter called 'the Act') against judgment and decree passed in favour of the respondent under Section 9 of the Act.

(2.) THE respondent filed petition for restitution of conjugal rights alleging that the parties were married in May 1984 according to Hindu rites, and she came in 'gawana' and lived with him in village Majhgawan. On 15. 6. 1984 appellant's father, without the permission and knowledge of the respondent, took the appellant back to Baikunthpur. When he came to know about her departure, the respondent went to her father's house on 20. 6. 1984 and asked her to accompany to him, but she declined. She continued to live with her parents. The appellant is thus refusing to resume cohabitation without just and reasonable cause. He prayed for a decree for restitution of conjugal life.

(3.) THE appellant filed written-statement denying all the allegations in the plaint except the factum of marriage in para 1. The respondent filed a photograph showing the busts of both quite close to each other and examined sole witness his brother Sukhlal, to prove his case. The learned Trial Court accepting the oral testimony and also the admission of para 1 of the written statement, held that the appellant is the legally married wife of the respondent and without any justification she is refusing to resume cohabitation with the respondent. Hence this appeal.