PAWAN KUMAR Vs. SHEELA RANI

JUDGEMENT

(1.) The husband has come up in appeal against the order of the Matrimonial Court rejecting his petition under Section 9 of the Hindu Marriage Act. The facts: The appellant-husband moved the Matrimonial Court for a decree for restitution of conjugal rights against the respondent- wife under Section 9 of the Hindu Marriage Act (for short, the Act). He pleaded that the wife had withdrawn from the society of the husband without any reasonable cause.

(2.) The wife controverted the pleas made in the petition and pleaded that the instant petition is barred under Order 23 rule 1 of the Code of Civil Procedure; that the husband moved a petition under Section 13 of the Act for a decree of divorce against the wife and the said petition was dismissed as withdrawn since the husband did not pay the maintenance pendente lite.

(3.) The pleading of the parties gave rise to the following issues: