ELA DASU Vs. ELA LACHAMMA

JUDGEMENT

(1.) DEFENDANT is the appellant against a confirming judgment in a suit for restitution of conjugal rights.

(2.) IT was alleged in the plaint that the plaintiff and defendant were married on 2 -3 -1969 and the marriage was duly consumated and they were living as husband and wife, but they did not have any issue. They continued as such till 1973 when the defendant began to illtreat the plaintiff mostly on account of the fact that no child was born. The plaintiff was driven out of the husband's house in September, 1973. She then sent a registered notice on 8 -3 -1974 but the defendant denied the allegations made in the notice. In reply to the registered notice, the defendant alleged that there has been no marriage between the plaintiff and defendant. On these allegations, the suit was filed for the relief of restitution of conjugal rights.

(3.) FOUR issues were framed on the aforesaid pleadings, and on the question whether the plaintiff is the wife of the defendant or not, the trial Court came to the conclusion that the plaintiff had married the defendant and they had also lived as husband and wife for a period of four years after its consumation. On issues 2 and 3, the trial Court held that the plaintiff is entitled to restitution of conjugal rights and there is cause of action for the suit. On these findings, the trial Court decreed the suit.