ASHA MISHRA Vs. DHIRENDRA KUMAR

JUDGEMENT

(1.) THIS is a civil miscellaneous appeal under Section 28 of the Hindu Marriage Ac, 1956 (hereinafter referred to as 'the Act'), against the judgment and decree of the District Judge, Jaipur City, dated March 26, 1970, in proceedings under Section 9 of the Act.

(2.) THE respondent moved an application under Section 9 of the Act for restitution of conjugal rights. It was alleged that the marriage between the parties was solemnized on May 27, 1937. The partied lived together up to the 1st week of April, 1963 and thereafter the appellant left the company of her husband and went to her father's house. The respondent made several efforts to call the appillant to his house, but to no avail. Ultimately, the respondent moved this petition which was allowed by the District Judge, Jaipur City, and a decree for restitution of conjugal, rights was passed against the appellant. It is against this order that the appellant has filed this appeal.

(3.) THE learned Counsel for the appellant was not able to show why the appellant did not appear in the court on January 21, 1970. Not only that, the learned Counsel for the appellant was also not able to point out the reasons why the appellant, inspite of her letters, did not return to her marital home. In three circumstances, I am satisfied that the lower court was fully justified in granting a decree in favour of the respondent under Section 9 of the Act.