SMT. KAUSHLIYA ALIAS MAYA Vs. LAL CHAND

JUDGEMENT

(1.) THIS is a wife's appeal against the judgment of the learned District Judge Aimer dated 14 -5 -70 dismissing her application for restitution of conjugal right against her husband under, Section 9(1) of the Hindu Marriage Act, 1955, hereinafter to be referred as the Act

(2.) THE wife averred that she was married to the husband at Nasirabad on 4 -12 -61 according to the Hindu rites. After the marriage the couple lived happily till October, 1967. The wife proceeded to say that her husband had fumed he out of the matrimonial home after giving her a severe beating. According to her, the husband was in desertion without any reasonable excuse. The responded -husband traversed the averments in the wife's petition. He stand that it was the wife who had deserted him and she was being kept back at Nasirabad by her parents and had not come to him even though he had gone to fetch her The learned District Judge framed one issue namely whether the respondent had withdrawn from the society of the petitioner as alleged in para 3 of the petition. Once or twice the parties took adjournments for reconciliation but eventually on 9.5.70 both the learned Counsels stated that none of them wanted to adduce any evidence. Accordingly the learned District Judge set down the case for arguments and on 14 -5 -70 dismissed the wife s petition under Section 9 of the Act.

(3.) I may read Section 20 of the Act: