PARVEEN KUMAR Vs. GULSHAN KUMAR

JUDGEMENT

(1.) The appellant wife impugns the decree dated 28th March, 1981 granted against her under section 9 of the Hindu Marriage Act (for shoat, the Act) for the restitution of conjugal rights. It is not necessary for me to go into the detailed merits of his case in view of the fact that the respondent-husband has failed to comply with the order of this Court passed under section 24 of the Act on 10th May, 1982. The learned counsel for the respondent states that he is not in a position to say anything in the matter on account of the fact that the respondent has gone to a foreign country and is not in touch with him. In the face of this position, the defence of the respondent has to be struck off in the light of the pronouncements of this Court in Malkan Rani v. Krishan Kumar, 1961 AIR(P&H) 42 Smt. Parkasho v. Lachman Singh,1977 HinduLR 334and Surinder Kaur alias Shhindi v. Baldev Singh,1980 HinduLR 514. As a natural consequence of this, the appeal against the decree in question has to be allowed and the petition filed by the respondent under section 9 of the Act has to be dismissed. I order accordingly but with no order as to costs.