LAWS(P&H)-1980-9-140

JAGIR SINGH Vs. KRISHNA DEVI

Decided On September 23, 1980
JAGIR SINGH Appellant
V/S
KRISHNA DEVI Respondents

JUDGEMENT

(1.) This appeal has been filed by Jagir Singh against the judgment and decree of the Subordinate Judge 1st Class, Samrala, dated March 28, 1980, dismissing his petition under section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act).

(2.) Briefly, the facts that the parties were married in 1966 at Patiala. Four children were born out of the wedlock, that is, two sons and two daughters. The eldest son is about 14 years of age. The husband is in service in the Border Roads Security Force and remains most of the time in Border areas. It is alleged by the petitioner that he used to come on leave for two months and whenever he came, he took the respondent from Patiala to village Mohaddipur to which he belongs and spent the vacations there. After he left for the place of his posting, the respondent used to come back to Patiala. It is further said that the respondent had deserted the petitioner for more than one year without any reasonable excuse. He consequently filed a petition under Section 9 of the Act for restitution of conjugal rights.

(3.) The petition was contested by the respondent. She pleaded that she was residing in Patiala with the consent and under the directions of the petitioner. She levelled allegations against the character of the petitioner's father and brother and stated that it was not possible for her to live with them in the village. She further pleaded that the four children were admitted in the schools at Patiala and were studying there. She then pleaded that the petitioner had married another lady and he stopped maintaining her. She filed a petition under section 125 of the Code of Criminal Procedure and the present petition under section 9 of the Act was a counter-blast to that petition.