Radhe Shyam vs Ms. Mira Bai

D.M. Dharmadhlkari, J.—A petition by the husband filed in the Court below u/s 9 of the Hindu Marriage Act, seeking a decree for restitution of conjugal right against the respondent- wife, has been dismissed against which the husband has preferred the present appeal.

Learned Counsel appearing for the husband in this appeal took me through the relevant evidence led by the husband and wife in the Court below. I have gone through the findings recorded by the learned Judge of the trial court. The wife resisted the decree for restitution of conjugal right mainly on the ground that the husband has kept one Susheela Bai as his second wife and has two children from her. The husband in the witness-box gave evasive reply regarding the allegation of his having taken a second wife. Evidence of the wife appeared to the trial Judge credit-worthy and relying on the evidence led by parties, a finding has been reached in the judgment of the Court below that even if the fact of remarriage with Susheela Bai is not proved, yet in all probability, the husband has kept Susheela Bai and leading a married life with her. On the face of the above finding, there is just and sufficient cause for the respondent- wife to live apart from the husband and the husband can claim no decree for restitution of conjugal right against her.

This appeal, therefore, fails and is hereby dismissed. Since the wife has not appeared in this Court, the parties shall bear their own costs