RAVI KUMAR Vs. JULMIDEVI

JUDGEMENT

(1.) The husband is in appeal before us impugning the Judgment and Order of the High Court in a Matrimonial Proceeding whereby the Judgment and Order of the District Judge, Mandi in Hindu Marriage Petition No. 20 of 2002 dated 27.10.2004 was reversed by the High Court.

(2.) The marriage between the parties took place on 13.12.1988 according to Hindu rites and customs and in March, 1990 a girl child was born to them. The husband alleged that after the birth of the girl child, his wife left for parental house at village Samlet and spent her period of maternity leave there. It was further alleged that his wife, who was working, on being transferred from Garli to Chauaku, stayed at Chauaku instead of in the matrimonial home which was only at a distance of 3 Kms. from the place of her posting. However, the husband admitted that in May, 1994, his wife came to his house for a short period and stayed there with him till the month of May, 1994. Thereafter, his wife is alleged to have permanently deserted him. The further allegation is that in September, 1996, he tried to bring his wife back to his residence for staying with him and his old parents but she refused to do so.

(3.) Ultimately, the appellant filed a proceeding under Section 9 of the Hindu Marriage Act (hereinafter referred to as the Act) for restitution of conjugal rights and that was contested by his wife. Ultimately a compromise was arrived at before the Lok Adalat and the learned Sub-Judge, Sarkaghat presiding over the Lok Adalat passed an Order on 26-9-1998 treating the said petition under Section 9 as withdrawn, having ended in a compromise. The statements of the parties before the Lok Adalat were recorded and formed part of the decree. The statements, recorded before the Lok Adalat, may be set out herein below: