S.Saghir Ahmad, J. - (1.) ON 1-4-83 I passed the following order : "For the reasons to be recorded later, the appeal is allowed. The judgment and decree passed by the courts below are set aside and the suit is remanded to the trial Court for a fresh decision in accordance with law and in the light of the observations made in the judgment. The parties shall bear their own costs." I now proceed to give my reasons.
(2.) THIS is defendant's second appeal. The suit was filed by the respondent for restitution of conjugal rights against the present appellant and her parents. It was stated in the plaint that appellant was the wife of the respondent. She had been living with him and performing marital obligations. Out of this wedlock a daughter was born but she later died. It was stated in para-13 of the plaint that the defendant was pregnant. Her father, who was defendant no. 2 in the suit, had taken her away to his house in the year 1975 and since then she had been staying there and had not returned to the plaintiff-respondent. The suit was contested. It was set out by the appellant in her written statement that she had already filed an application against the respondent in the Court of Judicial Magistrate tor maintenance and it was as a counter blast that the suit for restitution of conjugal rights was instituted by the respondent against her. It was also stated that respondent wanted to satisfy his sexual desire by unnatural means which was refused by her. The plaintiff-respondent, therefore, used to beat her and ultimately one day he turned her out of his house. The trial court on a consideration of the evidence on record came to the conclusion that the respondent wanted to have unnatural sexual intercourse with the appellant and on her refusal, he beat her and turned her out of his house. The suit was accordingly dismissed.
(3.) THE findings recorded by the trial Court were reversed by the lower appellate court in appeal which was filed by the present respondent. THE lower appellate. Court decreed the suit. THE defendant has now come up in second appeal. I have heard the learned counsel for the parties.;