MIRCHUMAL Vs. DEVI BAI

JUDGEMENT

(1.) THIS is a civil miscellaneous first appeal against the order of the District judge, Ajmer, dated August 8, 1972, rejecting the petition of the appellant under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the act" ).

(2.) THE facts of the case are that the appellant is a resident of Ajmer while respondent is a resident of Adipur, district Bhuj in Gujarat. They were married at Ajmer according to the Hindu rites on November 5, 1964. At the time of the marriage, the appellant was in service at Didwara near Ajmer and the respondent was in service at Adipur. It appears that during the vacations, the respondent used to come to Ajmer and reside with her husband. This sort of life continued up to May 1968. Thereafter the respondent left service and commenced living permanently with her husband. A daughter was born to the respondent on August 14, 1967. On or about April 6, 1969, the respondent left ajmer and went to Adipur in connection with the marriage of her sister. Thereafter, she joined service at Anand in Gujarat State as a school teacher. When the respondent did not return to Ajmer to live with the appellant, the latter, on January 31, 1970, moved the petition (out of which this appeal has arisen), under Section 9 of the Act for grant of a decree for restitution of conjugal rights. The respondent in her written statement admitted the marriage between the parties. She also admitted that after the marriage, she was living at Adipur in connection with her employment up to May 1968. She also admitted that she left service and came to live with her husband in the year 1968, but, according to her, her living with her husband was not liked by her husband as well as by her mother-in-law. It was also urged by the respondent that the appellant was having illegitimate connections with one Mst. Sundari. The respondent protested against the illicit intimacy with Mst. Sundari, but her husband did not pay any heed to it. The respondent, thereafter, on April 6, 1969, left Ajmer and joined service at Anand.

(3.) THE respondent in her written statement alleged that she was prepared to allow the appellant to have marital relations with her while her remaining in service. She further alleged that she was prepared to go and live with her husband during vacations. She also said that her husband was free to live with her as and when he liked to do so. From her reply, it appears that she was not prepared to leave her job, as, according to her, that would put her to difficulty.