USHA BHASIN Vs. SOM NATH BHASIN

JUDGEMENT

(1.) Usha Bhasin has preferred this appeal against the judgment of Sub Judge 1st Class, Chandigarh, allowing the petition under section 9 of the Hindu Marriage Act of her husband Somnath Bhasin and passing a decree for restitution of conjugal rights in his favour.

(2.) Admittedly, the marriage of the parties took place on 7th September, 1970 according to Hindu rites. She lived with her husband for some time. On 7th October, 1970 her husband Somnath Bhasin was sent to Hyderabad by the Government for a training course. In his absence, Usha Bhasin lived with her mother-in-law and also at times went to her parents, who also lived in Chandigarh.

(3.) Now the crux of the matter is that on 27th December, 1974, Usha Bhasin went from the house of her husband in Chandigarh to enquiries about the health of her ailing father, who as stated above, also lived in Chandigarh. Somnath Bhasin's case is that thereafter, she did not return and despite various attemps made by him to bring her back, she completely withdrew from his society. As such, he instituted the present petition on 2nd September, 1976. On the other hand, Usha Bhasin's plea is that she was deserted by him and he treated her with cruelty so as to cause a reasonable apprehension in her mind that her living with him was not safe. Having regard to the Explanation to section of the Hindu Marriage Act, the onus of proving the plea rested on Usha Bhasin.