GURDIAL KAUR Vs. PYARA SINGH

JUDGEMENT

(1.) THE only question which falls for determination in this appeal is whether Gurdial Kaur appellant (defendant) is the legally wedded wife of Piara Singh respondent (Petitioner ).

(2.) THIS appeal is the outcome of a petition filed by Piara Singh for restitution of conjugal rights under Section 9 of the Hindu Marriage Act (No. 25 of 1955) on the allegations that he had been married to Gurdial Kaur about four years earlier and that they had lived as husband and wife for about three or three and a quarter years when Gurdial Kaur's mother went to village Sherpura (the village of Piara Singh) about 9 or 10 months earlier and took Gurdial Kaur away with her on the pretext that the family members wanted to see her. As Gurdial Kaur did not return to the petitioner, he, his father and some other persons constituted a panchayat and went to Raikot (the village of Gurdial Kaur's parents) to persuade the parents of the lady to send her to her husband's house. After some evasive and delaying tactics the girl's parents finally refused to send her to the petitioner's house. On these allegations it was averred that Gurdial Kaur had withdrawn from the society of Piara Singh without any reasonable excuse and also failed to discharge her duties as wife thus necessitating the application for restitution of conjugal rights.

(3.) GURDIAL Kaur in her reply denied her marriage with piara Singh as also the assertion that she had ever lived with him as his wife. She averred that her elder sister Gurdev Kaur who was married to the elder brother of Piara Singh had been trying to put pressure on her parents to marry the defendant with the petitioner and since her parents did not accede to this request the present proceedings were initiated for the purpose of putting pressure on them. She, however, admitted in her reply that she had gone to village Sherpura along with her mother on several occasions to see her real sister Gurdev Kaur.