SHARDA RANI Vs. MANGAT RAM

JUDGEMENT

(1.) THE appellant-wife makes a grouse of the decree passed against her under Section 9 of the Hindu Marriage Act for restitution of conjugal rights.

(2.) THE short and precise case of the husband is that she has withdrawn from his company with effect from 22-11-1983 without any just and sufficient cause with a view to put their marital status to an end and has thus deserted him. The grounds pleaded by the appellant for her withdrawal from the company of her husband are as follows :

(3.) THE respondent's case is that on 22-11-1983, the appellant went to Jandiala Guru to attend the marriage of her sister; that he also accompanied her to that ceremony and that after attending the marriage, the appellant refused to accompany the respondent to his house. This assertion of the respondent was, however, categorically denied by the appellant in her written statement but strangely enough in her cross-examination at the trial, the appellant admitted having gone to attend the marriage of her sister and that after attending that marriage she did not come back to Sultanpur Lodhi because the respondent did not come to take her back. It is thus patent from this part of the statement of the appellant that she bad no other ground or justification to stay away from her husband. That marriage was also attended by the respondent. If he had turned out his wife after giving her beating, he would have been the last person to go to attend her sister's marriage. Efforts were made on behalf of the husband even during the trial but the wife Smt. Sharda Rani did not respond. Similar was the position in this Court. For these reasons, I do not feel it necessary to refer to the rest of the evidence on record and unhesitatingly affirm the findings recorded by the trial Court.