SWARAN LATTA Vs. HANS RAJ

JUDGEMENT

(1.) This appeal filed on behalf of the wife-appellant arises out of a petition filed on behalf of the husband respondent under Section 9 of the Hindu Marriage Act for restitution of conjugal rights.

(2.) The marriage between the parties was solemnized at Phillaur on April 22, 1975 according to Hindu rites. According to the averments in the petition filed on behalf of the husband, both of them lived together after their marriage, but it was in the month of August, 1975 that the wife went to her parents at Phillaur on the pretext to attend marriage of her relative. Thereafter she did not come back to his house inspite of various efforts made on his behalf. According to him the wife is under the thumb of her parents, who were greedy and had lust for money. Earlier also he filed petition under Section 9 of the Hindu Marriage Act, against the wife; whereas she filed a petition under Section 125 of the Civil Procedure Code as well as under Dowry Prohibition Act, but ultimately all these proceedings were compromised through the intervention of the panchayat and thus all the litigations come to an end. Both of them again lived together happily as husband and wife, but unfortunately after a couple of days, the wife, again withdrew her society without any reason and excuse in August, 1977. This petition was contested on behalf of the wife-appellant. All the allegations made therein were denied. It was also pleaded that the petition has been filed after long delay and with mala fide intention. According to her, this petition was a counterblast of the application filed by her under Section 125 Criminal Procedure Code. She was maltreated throughout whenever she stayed with her husband and ultimately in the month of August, 1977 she was again turned out by the husband and since then she is residing in the house of her parents. According to her, the husband has deserted her without any reason and compelled her to live away with her parents.

(3.) On the pleadings of the parties, the following issues were framed :-