RAJENDRA NATH MITTAL
Santosh Kumari – Appellant
Versus
Mohan Lal – Respondent
1. Briefly, the facts are that Mohan Lal filed an application for restitution of conjugal rights on Sept. 12, 1973 against his wife Smt. Santosh Kumari, under S.9 of the Hindu Marriage Act hereinafter referred to as the Act). The latter contested it on the ground of cruelty. It was dismissed by the trial Court. On appeal, the order of the trial Court was reversed on Sept. 11, 1978 and a decree for restitution of conjugal rights was granted in favour of the husband. The wife filed an execution application on Aug. 16, 1979 stating that she was prepared to go to the husband but he was not accepting her. The husband in pursuance of a notice filed objections wherein he stated that he had already filed an application for divorce under S.13 of the Act on Sept. 14, 1979 and, therefore, he was not prepared to take her with him. The learned Executing Court dismissed the execution application observing that its purpose had been fulfilled. Smt. Santosh Kumari has come up in revision against that order to this Court.
2. It is contended by the learned counsel for the petitioner that after the passing of the decree for restitution of conjugal rights in favour of the husband, it is
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