LAWS(P&H)-1985-10-39

JAGDISH KUMAR Vs. MUNESH KUMARI

Decided On October 10, 1985
JAGDISH KUMAR Appellant
V/S
MUNESH KUMARI Respondents

JUDGEMENT

(1.) DENIAL of a decree for restitution of conjugal rights to the husband warrants no interference in appeal.

(2.) IT should be apparent from a reading of the evidence on record that the petition for restitution of conjugal rights was filed by the husband as a counter -blast to the application for maintenance filed against him under section 125 of the Code of Criminal Procedure by his wife Munesh Kumari. It is also pertinent to note that the husband could not furnish any reason to account for his wife having left him or for refusing him to come back to him.

(3.) THE marriage between the parties took place in May, 1981. According to the husband Jagdish Kumar, his wife Munesh Kumari lived with him for only three months and then went away to her parents' home with her brother on the pretext that her mother had fallen ill. He tried to bring her back and also took Panchayats for the purpose but she refused to come back to him.