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1964 Supreme(All) 194

GANGESHWAR PRASAD
Jagdish Lal – Appellant
Versus
Shyama Madan – Respondent


Advocates:
S.N. Kacker, for Appellant; Ambika Prasad and K.L. Grover, for Respondents.

JUDGMENT : This appeal arises out of a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.

2. Jagdish Lal petitioner was married to Smt. Shyam Madan respondent No. 1 (hereinafter referred to as the respondent) at Varanasi on 13th February 1961 according to Hindu rites. After the marriage, the couple lived together at Meerut at the house of the petitioner for about a mouth and thereafter the respondent went to her father's place at Varanasi. The petitioner went to Varanasi in June, 1961 and wanted to take the respondent back to his house at Meerut, but the respondent refused to go and she has been living at her Father's place at Varanasi. The petitioner is about 25 years of age and the respondent too is an adult. These facts are admitted.

3. It was alleged in the petition that the respondent but withdrawn from the society of the petitioner without any reasonable excuse and that the other respondents who are her parents and brothers were supporting her in the withdrawal. It was also alleged that the marriage between the petitioner and the respondent had been properly consummated. The petition was opposed by the respondent principally on the ground tha




































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