M.C. Jain, J. - (1.) THIS is an appeal by the wife against the judgment and decree of the District Judge, Balotra, dated December 18, 1981, whereby the respondent's petition under Section 9 of the Hindu Marriage Act, 1955 (here in after referred to as "the Act") for restitution of conjugal rights was allowed and a decree for restitution of conjugal rights was passed.
(2.) THE respondent's case was that the parties were married on Pes Sudi 3, St. 2034 and lived as husband and wife for about two years and there after she left for her father's home along with her brother and there after did not return despite effort, so she has withdrawn herself from the society of her husband without any reasonable and lawful excuse. The non -petitioner -appellant resisted the petition on the ground of physical and mental cruelty meted out to her by her husband and in -laws and the petition was also resisted on the ground that her husband insisted for cohabitation with his father, for which she refused, but his father had forcible sexual intercourse with her.
(3.) NECESSARY issues were framed. The evidence, which was recorded in the divorce petition, submitted by Meera, was also the evidence in this case. The learned District Judge, after hearing the parties, allowed the petition and passed the decree for restitution of conjugal rights. Dissatisfied with the same, the wife has preferred this appeal.;