VINIT KUMAR BEHL Vs. RUCHI

JUDGEMENT

(1.) THIS is the husband's first appeal against the order dated 15.2.1997 passed by the learned District Judge, Jind, whereby his petition under Section 9 of the Hindu Marriage Act, 1955 (hereinafter to be referred as the Act), for restitution of conjugal rights has been dismissed.

(2.) THE appellant filed a petition under Section 9 of the Act for restitution of conjugal rights by stating that the marriage between the parties was solemnised at Jalalabad City, District Ferozepur on 8.1.1994 according to Hindu rites and ceremonies by way of "Sapatpadi" and thus he claims that the respondent is his legally wedded wife. It is further stated that after the marriage the parties lived as husband and wife and consummated the marriage at Jalalabad, as well as at Narwana, District Jind, to which place the respondent -wife belongs. It is stated that the parties fell in love and being above the age of 18 years, they got married. However, the parents of the respondents were against this marriage and they made every effort to break this marriage. The appellant and his family members are implicated in a criminal case. However, they were acquitted. While the respondent was staying with the appellant at the matrimonial home, about two months earlier to the filing of the petition, her father took her to her parental home on the pretext that her mother wanted to see her. The appellant allowed her to go and since then she has not rejoined his company. The appellant made various efforts to bring the respondent back to rejoin him but she refused. It is in these circumstances that the present petition was filed.

(3.) REPLICATION was filed to the written statement wherein the stand taken in the written statement was denied and that taken in the petition was reiterated.