IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1339 of 2008 SUNITA SINGH Versus SANJAY KUMAR SINGH ----------- 2 29/8/2008 Heard counsel for the petitioner. In the opinion of this Court, the question of maintainability of the restitution petition filed by the husband at the instance of the wife petitioner was correctly rejected by the court below. Whether there was justification for this wife petitioner to reside separately from her husband or whether such ground is feigned ground will be gone into at the time of hearing and final disposal of the case in the light of the evidence to be adduced by the parties, but then application for seeking restitution of conjugal rights filed by the husband would always be maintainable in terms of Section 9 of Hindu Marriage Act. That being the position, this application is misconceived and is accordingly dismissed. ( Mihir Kumar Jha, J. ) Abhay Kumar