G.K.MITTER, K.S.HEGDE, P.JAGANMOHAN REDDY
Prem Lata – Appellant
Versus
Arhant Kumar – Respondent
Judgment
HEGDE, J. :- This is a wife s appeal, by special leave against the order directing restitution of conjugal rights. The parties were married on July 15, 1961. Gona ceremony took place on December 10, 1961. The courts below have come to the conclusion that the appellant deserted the matrimonial home on January 13, 1962. After exchange of certain letters the husband filed the suit from which this appeal arises for restitution of conjugal rights, on November 3, 1965. The wife in the course of her evidence positively stated that she was not willing to return to her husband s house under any circumstance. Hence, the questions that she left the husband s house voluntarily and that she has no idea of returning to the husband s house are no more in dispute. The only contention taken on her behalf was that it was not possible for her to live in her husband s house, because of the ill-treatment she received at the hands of her husband and his parents. Both the trial Court as well as the appellate Court have come to the conclusion that there is no reliable evidence to show that the appellant was ill-treated in her husband s house. This is essentially a finding of fact. This Court ordin
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