SODHA Vs. MANSHA RAM

JUDGEMENT

(1.) THIS appeal has arisen out of an application under Section 9 of the Hindu marriage Act brought by Mansha/ Ram respondent against Sodha (appellant) alleging Smt. Sodha to be his wile. It was alleged that after their marriage they lived as husband and wife at the house of the respondent and put of that wedlock a son was born, who is about 2 years of age. In August, 1964, the wife left his house at the instigation of her father and did not return to the matrimonial home despite several efforts on the part of the husband and notice in this behalf sent by him. This way the wife had withdrawn from the society of the husband without any reasonable cause and he, therefore, sought a decree for restitution of conjugal rights.

(2.) THE petition was resisted and it was pleaded that she was not a legally wedded wife of the petitioner. She had eloped with him who kept her in his house for about three months in the year 1964 and the child was not that of the petitioner. She also made allegations of cruelty, and further alleged that the petitioner had been compelling her for sexual intercourse with his other brothers and he himself was a drunkard and she has a reasonable apprehension in her mind that it will not be safe for her to live with him. Allegations of desertion were also made. The following issues were framed by the Senior Sub-Judge, who had the delegated powers of a District Judge to hear cases under the Hindu Marriage Act:-

(3.) WHETHER the petitioner has treated the respondent with such cruelty as to cause reasonable apprehension in her mind that it will be harmful and injurious for her to live with him?. . . . . . . . O. P. R.