CAPTAIN CHAND NARAIN GAUTAM Vs. SAROJ GAUTAM

JUDGEMENT

(1.) CAPTAIN Chand Narain Gautam, the appellant before us, obtained a decree for restitution of conjugal rights from the court of the learned District Judge, Jaipur. Smt Saroj Gautam, the wife of the appellant, appealed to this Court against that decree and the learned single Judge reversed the same, aggrieved by which the husband comes up in an appeal under section 18 of the Rajasthan High Court Ordinance.

(2.) IT is not disputed that Captain Chand Narain Gautam and Smt. Saroj Gautam, hailing from Brahmin families, were married at Bundi on February 11, 1963. They have no issue from this union. At the time of marriage the husband held a Master's Decree in English Literature while the wife was studying in the final year of the Bachelor of Arts. She also obtained later a Master's decree in Political Science. The husband after marriage obtained a Commission in the Army and the couple came to live at Panjim (Goa) and Panchmarhi (M. P.) and last resided together at Chaksu near Jaipur. The husband is now employed in the Border Security Force.

(3.) MR. Tikku, learned counsel for the wife, invited our attention to Mst. Gurdev Kaur vs. Sarwan Singh (2) and urged that the burden of proving the absence reasonable excuse rests on the husband tinder section 9 of the Act. He also relied on Samraj Nadar vs. Abraham Nadachi (3), Smt. Alopai vs. Ramphal Kunjilal (4), Smt. Shanti Devi vs. Balbir Singh (5), and argued that the wife's obligations are not to be judged by ancient standards and in the case before us the wife was perfectly entitled to disobey her husband in the matter of eating and drinking. He further submitted that the basic facts on which the judgment of the learned single Judge is founded are contained in the written statement.