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1964 Supreme(Cal) 146

P.N.MUKHERJEE, D.BASU
REBARANI SEN GUPTA – Appellant
Versus
ASHIT SEN GUPTA – Respondent


Advocates Appeared:
A.K.BANERJEE, Bimal Chandra Chatterjee, SUBODH KUMAR BHATTACHARJI, TARUN KUMAR BANERJEE

P. N. MOOKERJEE, J.

( 1 ) THIS is the wife's appeal against a decree for restitution of conjugal rights. The material facts lie within a short compass and they may fee stated as follows:

( 2 ) THE parties were married in or about August, 1955. According to both parties, they liv ed together for some time,--admittedly, up to February, 1956,--in the husband's place at Bally. Thereafter, also, as the evidence stands, the parties lived together and co-habited uptill July, 1959, during which period a child was born to them sometime in 1958.

( 3 ) IT is the husband's case that, since July, 1959, he had made various attempts to bring back the wife to him from her father's place, but those attempts, by himself and through his friends and relations, were unsuccessful. In the end, he was compelled to institute the present suit on 21st November, 1960.

( 4 ) THE wife's defence was a denial of the husband's material allegations and also a specific defence of cruelty, leading to an apprehension of her life, in case she was compelled to go back to the husband. The husband examined himself as his only witness and the wife also on her side deposed alone. There were also exhibited, on the side of



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