USHA RANI Vs. LACHHMAN DASS

JUDGEMENT

(1.) This appeal has been filed by the appellant-wife against the judgment and decree dated 28.10.1993 rendered by Subordinate Judge Ist Class, Abohar granting a decree for restitution of conjugal rights in favour of the respondent-husband.

(2.) Marriage between the parties took place on 13.4.1989. A female child was born out of the wedlock on 13.1.1990. The husband filed a petition giving rise to this appeal on 26.2.1991 alleging, inter alia, that the wife has withdrawn from his society w.e.f. 13.4.1990; she was serving as Clerk in the Punjab State Electricity board at Fazilka while the respondent was living at Abohar and in spite of her promise to get herself transferred to Abohar, she is not willing for the said transfer. The wife contested the petition. It was stated that the husband had no affection or love for the wife and the daughter and was not willing to keep her on wife's inability to comply with the demand for money and that she was willing to get herself transferred to Abohar and live with the husband.

(3.) Trial court granted a decree observing that the plea of the wife in her statement as RW-1 was inconsistent with the plea taken in Exhibit AW4/A i.e. the reply to the notice sent by the husband wherein she stated that she was living at Fazilka with her mother as she was in the family way. Aggrieved by the said judgment, this appeal has been preferred.