SHARDA DEVI Vs. BALWINDER SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the appellant-wife against the ex parte judgment and decree dated 7.12.1988 for restitution of conjugal rights under Section 9 of the Hindu Marriage Act (hereinafter to be referred as to Act) in favour of the respondent-husband by the learned Additional District Judge, Amritsar.

(2.) THE marriage between the parties was solemnised at Noorpur on 9.8.1984 according to Hindu rites and ceremonies. In the petition under Section 9 of the Act it is averred that the appellant-wife left the house of the respondent-husband at Ram Nagar Amritsar on 25.10.1984 on the pretext that she was going to perform 'Karva Chauth' ceremony at her parents house. She also took away her gold ornaments and other valuable gifts and jewellery including one gold ring weighing 1/2 tola. The respondent-husband waited for her return but she did not return and thus he filed the petitioner for restitution of conjugal rights on 24.3.1986.

(3.) THE respondent-husband filed replication to the petition in which averment regarding the passing of decree for annulment of the marriage under section 12 of the Act is denied for want of knowledge. In other words, the same has not been specifically denied and, therefore, would be deemed to have been admitted.