MOHINDER KAUR Vs. MAJOR SINGH

JUDGEMENT

(1.) MAJOR Singh filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, hereinafter called the Act, against his wife Mohinder kaur. His allegations were that he was married in 1959 and the Muklawa ceremony was performed three years later. Thereafter the parties lived as husband and wife till July, 1963, when his wife left his house without any reasonable excuse and started living with her parents.

(2.) THIS petition was resisted by Mohinder Kaur, whose case was that she had never married Major Singh, with the result that the question of her withdrawing from his society never arose.

(3.) THIS petition was tried by the Senior Subordinate Judge, Sangrur. He found that major Singh was married to Mohinder Kaur and further that she had withdrawn from his society without any reasonable excuse. Accordingly, he granted a decree for restitution of conjugal rights in favour of Major Singh.