ANEETA DEVI Vs. DEVINDER SINGH

JUDGEMENT

(1.) THIS appeal by the wife under Section 28 of the Hindu Marriage Act, 1955 is directed against the judgment and decree of the District Judge, Solan in Petition No.7-S/3 of 1996 dated 19.2.1997, whereby he has granted a decree for restitution of conjugal rights in favour of hushand and against the wife. 1 Whether reporters of Local Papers may be allowed to see the judgment?

(2.) THE brief facts necessary for decision of the case are that the parties to the proceedings were married some time in the year 1984 according to Hindu rites. Out of the wedlock, one son and two daughters were born. The parties lived together till November, 1994 when the wife left the house of the husband and went to her parental house along with her children.

(3.) THE learned trial Court came to the conclusion that the wife has not given any justifiable or reasonable ground for withdrawing from the company of the husband and, therefore, allowed the petition and granted a decree for restitution of conjugal rights in favour of the husband. The learned trial Court was influenced by the fact that when the wife appeared in Court, the Presiding Officer found her to be an overbearing woman.