SMT. BHAGO Vs. BANT SINGH ALIAS BALWANT SINGH

JUDGEMENT

(1.) THESE are two appeals directed against the jugment of Shri Suchet Singh Kalha, Additional District Judge, Patiala dated August 7, 1969. F.A.O. No. 100 -M of 1969 has been filed by Smt. Bhago against her husband Bant Singh alias Balwant Singh from the decree for restitution of conjugal rights granted to the husband against the wife under section 9 of the Hindu Marriage Act, 1955 (hereinafter called the Act). F.A.O. 101 -M/1969 is also by the wife against the husband from the order of refusal to grant decree to the wife for judicial separation under section 10 of the Act. Both the petitions were directed to be tried together. Evidence was led in petition filed on behalf of the wife.

(2.) THE parties were married some time in 1959 at village Chhat. After the Marriage, they lived together at the village of the husband, Roshanpur Jhungian. The wife filed petition under Section 10 of the Act on March 18, 1936. The petition under Section 9 of the Act was presented by the husband on May 23, 1966. In her petition, the wife stated that the husband used to make demands of money from her and compelled her to approach her parents and brothers to meet those demands and it was impossible for her to meet those demands, that he used to give her beating and cruelly treat her and that the cruel treatment meted out to her by the husband caused a reasonable apprehension in her mind that it would be harmful or injurious for her to live with the husband. The husband in his petition under Section 9 of the Act alleged that she had withdrawn herself from his society four months period to the presentation of the petition, that she had developed illicit connections with Prem Singh and Jit Siagh of village Nagla and with Joginder Singh of village Roshanpur Jhungian, that she eloped with Prem Singh and that he had to take out proceedings under Section 100, Criminal Procedure Code and obtained warrants for her search in the house of Prem Singh because of her having eloped with him and been found to be staying in his house. The allegations made by one spouse were denied by the other in reply and the respective stands taken by him or her in the petition were reiterated. The controversy between the parties gave rise to the following issues. The issues framed in the petition filed on behalf of the wife are as follows: -

(3.) WHETHER Bant Singh has ill -treated and abandoned the respondent for about 2 1/2 years?