SUMITRA DEI Vs. NALU CHHATOI

JUDGEMENT

(1.) Wife has filed this appeal against a reversing decision.

(2.) Plaintiff-respondent had filed the suit under Section 9 of the Hindu Marriage Act for restitution of conjugal right. The said suit was resisted on the ground that the suit had been filed after much delay only to get over the order of the Magistrate under Section 125, Cr.P.C. directing payment of maintenance to the wife and minor daughter. It was also pleaded that the husband had treated the wife with cruelty and mental torture and as such, there was justification for the wife to live apart from the husband.

(3.) The trial Court dismissed the suit on the ground that the suit had been filed belatedly without any justifiable reason and it was also found that the wife had been treated with cruelty and as such, there was reasonable cause for the wife to live apart from the husband. The aforesaid decision of the trial Court was reversed by the lower appellate Court which decreed the suit for restitution of conjugal right. Hence, the present appeal.