RAM SUJAN Vs. URMILA BAI

JUDGEMENT

(1.) THIS appeal under Section 28 of the Hindu Marriage Act is directed against the judgment and decree dated 3. 11. 1992 whereby the application of respondent Urmila Bai, wife of appellant under Section 9 of the Hindu Marriage Act for restitution of conjugal rights has been allowed and the counter claim filed by the appellant was dismissed.

(2.) THE facts not in dispute are that the parties are Hindus. Respondent Urmila and appellant Ram Sujan were married while they were minors. 'gauna' ceremony took place in the month of 'baisakh' in the year 1979. The respondent resided for 3 days with the appellant after the 'gauna' and thereafter went to her parents. After about a month, the appellant had brought the respondent to his house where they lived together as husband and wife for 5 days. Thereafter, the respondent is not residing with the appellant.

(3.) IT is also not in dispute that the respondent had served a notice dated 4. 8. 1990 by registered post on the appellant, requesting him that he should take back the respondent and live with her. However, the appellant did not accede to the above request and instead sent a reply dated 13. S. 1990 whereby the appellant had alleged that the respondent is living in adultery and had illicit relations with Chamru.