S.S.SANDHAWALIA, J.

1. The linchpin of our justice system - the doctrine of precedent and its binding nature - is the significantly spinal issue in this reference by the learned single Judge recording a frontal dissent from the ratio of the Full Bench in Smt. Kailash Wati V/s. Avodhia Parkash. (1977) 79 Pun LR 216 and seeking its reconsideration by a still larger Bench. This jugular issue inevitably calls for adjudication at the very threshold.

2. The issue aforesaid stems from a broken-down marriage. The respondent-husband had preferred a petition under Sec.9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) for the restitution of conjugal rights against the appellant-wife. It was averred that the parties were married way back in July, 1967 and a daughter born out of this wedlock had died within a few days of her birth. The couple resided together for a year or less and that too sporadically and thereafter on the 17th of August. 1972. the appellant-wife withdrew from the society of the respondent-husband without any reasonable cause and despite repeated requests and entreaties of the respondent-husband Nod the members of his family she declined to return