HARISH NARULA Vs. SMT. TARA

JUDGEMENT

(1.) The appellant Harish Narula (hereinafter to be referred to as the 'husband') brought a petition against his wife Smt. Tara (hereinafter to be referred to as the 'wife') for restitution of conjugal rights under Sec. 9 of the Hindu Marriage Act, 1955 (as amended up-to-date in short the 'Act') on the allegations that the wife had without any reasonable excuse left the matrimonial home since 25-12-1981 and had not rejoined him. The reason alleged for this desertion is that the husband's father had died and the sister of the husband was deserted by her husband since 1978 and had been residing in the house built by the father of the husband and the sister and the wife resented the sister's living in that house. After the trial of the case the petition was dismissed with costs.

(2.) Feeling aggrieved with the judgment of the Court below the husband came in appeal in this Court. During the course of arguments the wife felt the necessity of amending the written statement so as to include therein the counter-claim seeking a decree of divorce in her favour against the husband on the grounds of Desertion and cruelty. She was allowed to amend her written statement and she has filed the amended written statement including therein counter-claim. This counter-claim has been resisted by the husband by filing a rejoinder thereto.

(3.) From the amended pleadings of the parties, the following additional issues are framed :