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1984 Supreme(Del) 269

J.D.JAIN
DAYA RANI – Appellant
Versus
KRISHAN GOPAL – Respondent


Advocates Appeared:
S.S.Malhotra, Vijay Tandon

J. D. Jain, J.

( 1 ) THE facts leading to this appeal succinctly are that the marriage between the appellant and the respondent was solemnised in accordance with Hindu ceremonies and rites on 9th, December 1978 at Ghaziabad to which place the paretns of the appellant belong. Thereafter, the parties lived together at Delhi as husband and wife uptil 8th August 1979 on which date the appellant is stated to have gone to her parents house for performing Raksha Bandhan ceremony. However, she did not return despite efforts allegedly made by the respondent and his father etc. repeatedly to bring her back. Thereupon, in February 1980 the respondent moved a petition under section 9 of the Hindu Marriage Act (for short the Act) for restitution of conjugal rights. The appellant did not file any written statement in the said petition as the efforts on the part of the Court to bring about reconciliation bore fruit. So, on 22nd of May 1980 the appellant joined the company of the respondent and went back to the matrimonial home alongwith him from the court premises itself. However, resumption of cohabitation by them was only short-lived as, according to the respondent, on 22nd June 1980 again the























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