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1978 Supreme(P&H) 125

SURINDER SINGH
Mohinder Kaur – Appellant
Versus
Bhag Ram – Respondent


Judgment

1. This judgement will dispose of F.A.Os. Nos. 65/M and 66/M of 1976 which are both inter-connected there being a common order of the trial Court disposing of two connected petitions between the parties who are husband and wife. Bhag Ram (husband) filed a petition under S.9 of the Hindu Marriage Act (hereinafter referred to as the Act) against the appellant Mohinder Kaur for the grant of a decree for restitution of conjugal rights with the allegation that the parties were married about sixteen years ago and lived together up-till Oct., 1972. A female child was born to them who was about four years old (at the time of the filing of the petitions). It was alleged by the husband that in Oct. 1972 the appellant went to see her parents along with the daughter with a promise to return within a month or so, but she did not come back. The respondent made some attempts to bring her back but she failed to oblige him. A specific allegation was also made in the plaint that on July 29, 1973, the appellant contracted a second marriage with one Bakshi of Village Kalewal and since then she had been living in adultery with the said Bakshi. These allegations were refuted by the appellant and




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