Hindu Marriage Act, 1955
Section 9—Restitution of conjugal rights—Suit filed by respondent-wife decreed by the Family Court—Appeal—Whether there was any justification for the appellant-husband for living apart or withdrawing from the society of respondent—Burden is on appellant-husband to discharge the same—Marriage certificate issued under Section 13 of the Special Marriage Act is a conclusive piece of evidence—When there is conclusive evidence of wife’s remarriage under Section 13 of the Special Marriage Act, then there is no justification to allow the petition for restitution of conjugal rights—Conduct of respondent-wife is sufficient ground for withdrawal from society of appellant-husband—Appellant-husband has successfully establishes his defence in the suit because there is more than reasonable excuses in this case for the appellant to stay away with his wife—Findings recorded by court below are perverse and not sustainable, and the same are liable to be set aside—Appeal allowed.
[Paras 16 to 18 & 21]