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1961 Supreme(All) 77

MITHAN LAL
MANGO – Appellant
Versus
PREM CHAND – Respondent


Advocates Appeared:
J.N.CHATTERJI, JANARDHAN SARUP GUPTA

MITHAN LAL, J.

( 1 ) THIS first appeal filed by Smt. Mango defendant arises out of the judgment and decree passed by the Civil Judge, Moradabad, in the suit of the husband-respondent filed under Section 9 of the hindu Marriage Act, 1955.

( 2 ) THE admitted facts of the case are that the appellant was married to the respondent in Asarh, 1955, and a few months after, the Gauna ceremony took place in Phagun. The parties lived as husband and wife, at the husbands residence in Amroha for a few days. Sometime in the month of Bhadon, 1956, the uncle of the appellant, Chuttan Singh came to the respondents house and fetched the appellant away. In spite of several attempts made on behalf of the respondent the parents of the appellant did not permit her to go to her husbands house, and it was stated that the wife was keeping away from the husband without any reasonable excuse and the plaintiff had a right to obtain a decree for restitution of conjugal rights.

( 3 ) THE appellant contested the suit, inter alia, on the grounds that the plaintiff was not the author of the suit and that the same had been instituted at the instance of his father. The plaintiff-respondent was said to be a man of we


















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