JAMNA BAI Vs. MEHNGA RAM

JUDGEMENT

(1.) THIS is a First Appeal against the order and has been directed against the judgment and decree dated 2.11.1999, passed by the Court of Additional Civil Judge (Sr. Division), who allowed the petition under Section 9 of the Hindu Marriage Act, filed by Shri Mehnga Ram against his wife Jamna Bai.

(2.) THE brief facts of the case are that the marriage between the parties was solemnized about 14 years back before the institution of the petition which was instituted somewhere in the year 1996. According to the petitioner-Shri Mehnga Ram, now respondent-husband in the present appeal, no dowry was given in the marriage. Rather he had given gold ornaments weighing about 5 tolas and silver ornaments weighing about 20 tolas to the respondent now appellant- wife. After the marriage, the parties started residing together as husband and wife. They co-habited at village Gidderanwali and their life remained peaceful and normal up to 11.7.1996, when a dispute arose between the respondent-husband and his brother-in-law i.e. the brother of Smt. Jamna Bai with regard to the turn of water. In that dispute, injuries were caused to the respondent-husband by Khushal Chand, brother of the appellant-wife and his sons. The petitioner remained admitted in the hospital. In his absence, appellant-wife left the matrimonial home without any reasonable excuse. It is further alleged by the respondent-husband that he had brought an amount of Rs. 25,000/- from the Commission Agent for the treatment of his mother as she had been suffering from cancer. Out of this amount, a sum of Rs. 15,000/- had been spent by him and an amount of Rs. 10,000/- was left with him. An amount of Rs. 5,000/- was brought by him to the hospital for his treatment and remaining Rs. 5,000/- were lying in the house with the respondent-wife. When appellant-wife left the house without any reasonable excuse she also took away Rs. 5,000/- and ornaments. After his discharge from the hospital on 15.9.1996, the respondent-husband along with his father went to the house of the appellant-wife and entire story regarding the taking away of the gold ornaments was told by him to his in-laws. The respondent-husband and his father made a request to the appellant-wife to join the company of the husband but to no effect. Even 15 days prior to the filing of the petition by the husband in the trial Court, the husband made an effort in the shape of a Panchayat consisting of his father Chandi Ram, Member Panchayat Gurdev Singh and Bhagwan Dass for the rehabilitation of the wife but to no effect.

(3.) FROM the above pleadings of the parties, the trial Court framed the following issues :-