LACHHMAN SINGH Vs. JOGINDER KAUR

JUDGEMENT

(1.) Lachhman Singh brought an application for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 (hereinafter called the 'Act') against his wife Joginder Kaur, on the facts that they were married about 9/10 years back and after living together for 9-1/2 years she withdrew from his society without reasonable excuse, six months before the filing of the present petition. It was pleaded that Hardev Singh (also described as Gurdev Singh) brother of his wife, took her away on the pretext that her mother was ailing and she wanted to see her and that she will come back soon after seeing her ailing mother. He waited for some time and when his wife did not return, he went to fetch her but she did not return on the pretext that he should get himself separate,- from his parents. Since he owned no land, so it was very difficult for him to leave his parents and set up an independent house. Thereafter, he took a Panchayat consisting of his father and several other persons including Tara Singh, Lambardar, to the parents' house of his wife and requested them to send her hack but their request was declined and then petition for restitution of conjugal rights was filed.

(2.) In the written statement, the allegations in the petition to the effect that they were married 9/10 years back and that they lived as husband and wife for a period of 9-1/2 years, were admitted. In para 4 of the written statement, it was pleaded that the facts, as stated by the husband for withdrawing from his society, were false and wrong and the true facts were that her married life was a long tale of woeful agony and tortures. Since she was not able to bring bountiful dowry, her husband and his parents started giving occasional beatings to her. Then it is explained that her father and brother were in such financial position that they could not satisfy the lust of her husband and his (parents, which resulted into prolonged mental and physical tortures. It was then added that since she was not blessed with any child, it became an additional cause to scroll her. Due to all this, she was reduced to skeleton also pleaded that her husband and his family members had made known to the village people that she was visited with evil spirits and thereafter started snatching her long hair and gave her Chimta blows and thus she lost all hopes of keeping her body and soul together. The aforesaid pleas are followed by the following further pleas :

(3.) On the contest of the parties, the trial Court framed the following issues:-