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1979 Supreme(Raj) 121

K.S.SIDHU
Damodar – Appellant
Versus
Urmila – Respondent


Advocates:
N.K. Mallo for A.K. Bhandari. for Appellant; H.C. Rastogi for A.K. Gupta, for Respondent.

Judgement

JUDGEMENT :- This appeal in a matrimonial matter has been preferred by the husband from the judgement dated Nov. 30, 1977, made by the District Judge; Jhunjhunu, granting the wife a decree for restitution of conjugal rights against the husband.

2. The facts leading to the filing of this appeal may be shortly stated here. The parties were married according to Hindu rites at Pilani, Tehsil Chirawa, Dist. Jhunjhunu, on March 9, 1970. The wife brought a petition against the husband under S.9 Hindu Marriage Act, 1955 (hereinafter called the 'Act') for restitution of conjugal rights on September 18, 1973. She made the allegations that the parties resided together at Sonthali for nearly 31/2 years after the marriage, and that the husband and his parents had been ill-treating her throughout that period. On Aug. 17, 1973, the husband forcibly took her to Pilani and left her there at her parents' house, He bluntly told her that he would not reinstate her in the matrimonial home until she brought dowry according to the wishes of his parents and satisfied them. She was carrying a pregnancy of nearly 8 months duration in August, 1973, when she was deserted by the husband. Her father wen
























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