SAKKI ALIAS YASHODA Vs. CHHANWARLAL

JUDGEMENT

(1.) THIS is an appeal under sec. 28 of the Hindu Marriage Act, 1955, hereinafter to be referred as "the act', by a wife against whom the learned District Judge has passed a decree for restitution of conjugal rights under sec. 9 of the Act.

(2.) THE parties, who were Hindus, were married according to Hindu rites on 4-5-65 (Baisakh Sudi 3, Samvat year 2022) at Jodhpur. THE husband averred that after the marriage was celebrated the wife did not live with him. He made several attempts to induce his in-laws to send his wife, but they did not heed. He, therefore made the application under sec. 9 of the Act in the court of the learned District Judge on 14-12-68. THE wife appeared to be a Minor at the time of the proceedings were commenced and, therefore, a guardian ad litem was appointed for her. THE guardian ad litem resited the application on a number of grounds. It was pleaded that there was no 'muklava' ceremony and, therefore, the marriage was not complete and then there was bad blood between the parties on account of a beating administered by the husband to the wife and the in-laws. THE guardian ad litem of the wife proceeded to say that there was a caste Panchayat at which the parties had divorced each other.

(3.) I must at once say that both the learned counsel are on common ground that effort at the reconciliation was required to be made in accordance with sec. 23 (2) of the Act. While learned counsel for the appellant presses for sending the case back to the trial Court, learned counsel for the respondent submits that this omission of the trial Court may be made good here by this Court by making an effort for reconciliation at this stage.