AVADH BEHARI ROHATGI

( 1 ) (ORAL) This is a wife s appeal from the decree of restitution of conjugal rihts passed by the Additional District Judge on January 30, 1974, against her.

( 2 ) THE appellant Sushil Kumari was married to the respondent Prem Kumar on February 25, 1970. The husband is 32 years of age. Nearly same is the age of the wife. Both of them are lower division clerks. They are getting about Rs. 400. 00 or Rs. 450. 00 per month as pay.

( 3 ) THE husband and wife lived together till July 15, 1970. This is admitted on all hands. The case of the husband is that on July 16, 1970, the wife left his house in the morning to join her duties at the office. She did not come back to his house in the evening. Thereafter she never came back to the matrimonial home.

( 4 ) AT the time the wife left the house on July 16. 1970, she was in the family way. In February 1971 when the husband and wife were living apart a daughter was born to the wife. That girl today is five years of age. She is living with her mother.

( 5 ) ON July 13, 1971, the husband filed a petition for restitution of conjugal rights under s. 9 of the Hindu Marriage Act (the Act ). The husband alleged that the wife lef

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