KAUSHALIYA Vs. LAL CHAND

JUDGEMENT

(1.) THIS is a wife's appeal against the judgment of the learned District Judge, Ajmer dated 14-5-70 dismissing her application for restitution of conjugal rights 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 Hindu rites. After the marriage the couple lived happily till October, 1967. The wife proceeded to say that her husband had turned her out of the matrimonial home after giving her a severe beating, According to her, the husband was in desertion without any reasonable excuse. The respondent-husband traversed the averments in the wife's petition. He stated 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 The learned District judge framed one issue namely, whether the respondent had withdrawn from the society of the petitioner as alleged in para 8 of the petition. Once or twice the parties took adjournments for reconciliation but eventually on 9-5-70 both, the learned counsel 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.) LEARNED counsel for the wife-appellant has assailed the judgment of the learned district Judge. He contends that in accordance with Section 20 of the Act whatever was contained in the wife's petition should have been treated as evidence in the case and in that the husband had admitted the marriage, the relief prayed for namely, restitution of conjugal rights should have been granted to the wife. Learned counsel maintains that since the two spouses were living separately and the husband had not shown any reasonable excuse for denial of conjugal rights to the wife, the petition should have been allowed and a decree passed in favour of the wife,