PUTUL DEVI Vs. GOPI MANDAL

JUDGEMENT

(1.) These two consolidated appeals arise out of two applications under section 9 of the Hindu Marriage Act (XXV of 1955) for the restitution of conjugal rights and have been heard analogously. In Miscellaneous Case 5 of 1957 giving rise to First Appeal 568 of 1958, Ram Chandra Mandal is the petitioner and his wife Urmila Devi is the opposite first party. In Miscellaneous case 6 of 1957. out of which First Appeal 567 of 1958 has arisen, Gopi Mandal is the petitioner and his wife Putul Devi is the opposite first party. Both the petitioners are full brothers and their wives are also full sisters. Gudri Mandal, the father of the two girls, is impleaded as opposite second party. I may state that Nokhey Mandal and Dasrath all also had been impleaded as opposite second party in both the cases. Both the husbands had instituted criminal cases for prosecution of Gudri Mandal, Nokhey Mandal and Dasrath Lall under Section 498 of the Penal Code on the allegations that they, in collusion with one another, were detaining their wives for immoral purposes and for remarriage, but those cases ended in acquittal on 4-10-1956. About three months thereafter, the present applications were filed on 7-1-1957. The grounds for restitution of conjugal rights averred in both the cases are common. They are: that Putul Devi and Urmila Devi are legally married wives, that they resided with their respective husbands till the 3rd of Chait, 1362 fasli (corresponding to 11th March, 1955), that their father Gudri Mandal, Nokhey Mandal and Dasrath Lall came to their house and took away their wives on the pretext of serious illness of their mother that they approached their father-in-law to send back their wives several times, but failed that the aforesaid three persons were prosecuted under Section 498 of the Penal Code but were acquitted and that their wives, under their inducement and allurement, have refused to live with them and resume matrimonial relations.

(2.) The two ladies resisted the applications, substantially on the grounds of misbehaviour, assault, cruelty and immoral character of the husbands. They also pleaded that their marriages with the petitioners were performed due to misrepresentation and fraud.

(3.) Dasrath Lall appeared and filed a written defence denying any connection with the ladies and pleading misjoinder. It appears that subsequently Nokhey Mandal and Dasrath Lall were expunged from the record, and the cases proceeded against the wives and their father.