BALBIR SINGH Vs. SHANTI DEVI

JUDGEMENT

(1.) This appeal is by the husband Balbir Singh (hereinafter called the husband) whose petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955 (hereinafter called the Act) against his wife respondent Shanti Devi (hereinafter called the wife) was dismissed by the trial Court.

(2.) The husband was at first married to the elder sister of the wife and has a daughter from her. The elder sister died on 8-12-1954 after which the parties were married on 16-2-1955. A daughter was born of this marriage on 1-12-1956.

(3.) The husband alleged that the wife left him on 11-5-1960 without any reasonable cause at the instigation of her father Naval Singh who is Respondent No. 2. Since then the wife has not come back to live with the husband. The husband, therefore, filed a petition on 18th May 1960 against the wife alleging that the wife had withdrawn from his society without any reasonable cause and, therefore, prayed for a decree for restitution of conjugal rights.