Jogendronundini Dossee vs Hurry Doss Ghose on 18 July, 1879
The case of Jogendronundini v. Hurry Doss (1879) I.L.R. 5 Calc. 500, is, I think, clearly distinguishable. It is true that although the husband in that case lived a profligate life, was in the habit of consorting openly with prostitutes, and on several occasions had insulted his wife by introducing one of them into her private apartments, yet the learned Judges gave the husband a decree for the restitution of conjugal rights, and imposed upon him a condition that the house to be provided for his wife must be in every respect fit for the reception of a virtuous and respectable lady. It is manifest, however, from the judgment that the circumstance which weighed strongly with the learned Judges, was the fact that the wife, though she had left her husband's house and gone to live with her mother under the protection of her own family, had allowed her husband to visit her there and cohabit with her as man and wife, and that such conduct on her part amounted to condonation and reconciliation.