KALIPADO SAHA Vs. LILA RANI SAHA

JUDGEMENT

(1.) This First Appeal is directed against the judgment and decree dated 28th September, 1989 passed by Sri R. N. Kali, 2nd Additional District Judge, Alipore, in M.S. No. 93 of 1985, whereby and whereunder the learned Court below allowed the application filed by the plaintiff-respondent under section 9 of the Hindu Marriage Act, 1955 (the Act for short) for restitution of conjugal rights.

(2.) The fact of the matter lies in a very narrow compass : The husband-appellant allegedly married the plaintiff-respondent in Asar 1361 B.S. according to the Hindu rites at village Simuliapara, P. O. Chandpara Bazar, P. S. Gaighata, in the District of 24 Parganas. Out of the said wed-lock a daughter, namely, Shanti Saha was born in May, 1956. In the year 1957, the appellant allegedly left the matrimonial home. It is alleged that the appellant used to send money to the respondent by Money Order. However, from July, 1958, the appellant stopped paying maintenance to the respondent, and, therefore, she had to leave the matrimonial home, and came to live with her father.

(3.) In the year 1964, the appellant came to the respondent's house and brought her along with her daughter to the premises at 128/2, Beliaghata Main Road, P.S. Beliaghata, Calcutta-10 and began to reside there with the respondent. According to the plaintiff-respondent, the appellant used to remain absent from home for days together and upon quarry made in that regard, he used to answer that he had to remain busy in performing official duties. Allegedly owing to the aforesaid conduct of the appellant, a serious mistrust between the parties used to take place.