AIR 1962 PUNJAB 195

Punjab High Court

Hon'ble Judge(s): J. S. Bedi , J

Hindu Marriage Act (25 of 1955) , S.9, S.23— Application by husband for restitution of conjugal rights - Delay - Application filed long after wife had left petitioner and had even obtained order for maintenance u/S.488, Criminal P.C. - Application held liable to be dismissed u/S.23 on ground of delay. The wife left her husband's house 6 or 7 years back and since then she had been living at her parent's house. During that period, the husband neither wrote to her nor maintained her and neglected her. He did not consider it necessary even to give her notice to come back to him or make an application under S.9 of the Hindu Marriage Act. After having been neglected by her husband for a long time, she was forced to approach the criminal court under S.488, Criminal P.C. and had obtained an order of maintenance. The circumstances showed that the wife left her husband's house because she had reasonable ground to suspect that her husband was carrying on with his sister-in-law with whom he was living. After the wife had obtained an order from the Criminal Court for maintenance against her husband, he applied under S.9 for restitution of conjugal rights. Held there had been unnecessary and improper delay in instituting the proceedings for restitution of conjugal rights and under the provisions of S.23 such a delayed application merited dismissal. The only....