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1993 Supreme(P&H) 172

S.S.SODHI, V.K.BALI
Parveen Bala @ Veena – Appellant
Versus
Jagdish Rai – Respondent


Judgment

V.K.Bali, J.

1. When all efforts of the respondent-husband to secure company of his wife proved abortive, he successfully maintained an application for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. The appellant-wife having not met with any success pleads for setting aside of the decree in this appeal under Clause X of the Letters Patent with an obvious prayer also to set aside the order passed by the learned Single Judge.

2. The facts of the case reveal that the parties (o this wedlock had only a brief peaceful period during which they were blessed with two children, a male and a female. Having been married on 28th February, 1979 they parted company on 13.11.1981, when, it appears the wife was on the family way as the female child was born in August, 1982. The male child was born on May 9, 1980. The respondent-husband, as referred to above, when tried all measures although in vain, brought about the petition culminating into this appeal on 4-5-1983. It was pleaded by the husband that respondent had left his residence on the pretext of attending the marriage of her younger sister at Ludhiana with an intention never to resume his company. Number o

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