SATYA DEVI Vs. SAT PAL

JUDGEMENT

(1.) Sat Pal was married to Satya Devi in February 1975 according to Hindu rites and ceremonies. After marriage, they cohabited at village Sehjra, Tehsil Barnala i.e. the place of Sat Pal. She gave birth to a son from the loins of Sat Pal on 1-4-1976 at her parents house in village Hathan. It may be mentioned here that she had gone to the place of her parents in February, 1976 for delivery. As per Sat Pal, on hearing the news of the birth of son to his wife, he went to the place of his in-laws with customary presents. He requested her to accompany him to the matrimonial home along with the child. She refused to accompany him to the matrimonial home saying that she could accompany him provided he started living separate from his parents. She told him that she would not cohabit with him until he started living separate from his parents and until he put up residence separate from his parents, she would continue putting up with her parents at village Hathan, Tehsil Dhuri. She further told him that she could cohabit with him if he set up some shop/business at Malerkotia. He put up residence separate from his parents, still, she did not agree to stay and cohabit with him saying that she could not stay and cohabit with him at village Sehjra. She could stay and cohabit with him if he shifted to some town/city. He told her that he was poor unable to bear the expense of city life. His inability to shift her to city/town brought about stalemate between them and she persisted in putting up away from the matrimonial home with her parents at village Hathan. He took panchayats to her with a view to bring her back to the matrimonial home. She refused point blank to accompany him to the matrimonial home saying that she could not stay and cohabit with him at village Sehjra. Her parents' reply was also the same. As per him, she withdrew from his society without reasonable cause or excuse. He was also yearning for her company. It was she who refused to give him company as wife. In 1983, he convened a panchayat and put his problem before them. After he had failed to secure his conjugal society with the intervention of the panchayats convened from time to time, he filed this petition for restitution of conjugal rights eventually in December, 1983.

(2.) Wife contested this petition urging that this petition was field mala filed by the husband at a time when her application under S. 125, Cr. P.C. for obtaining maintenance was pending before the Magistrate. It was denied that she withdrew from the society of the husband. Rather it is the husband who has withdrawn from her society. He and his parents were not satisfied with the dowry brought by her in marriage. Her parents had given her dowry beyond their capacity, 5-7 days after marriage, he and his parents started mal-treating her and compelling her to bring more dowry. She expressed her inability to fulfil this demand of theirs. She was turned out of the matrimonial home on 18-7-1975 when she was pregnant. She was compelled to stay with her parents. It was denied that she refused to stay and cohabit with the husband saying that she would stay and cohabit with him provided he puts up separate from his parents or sets up some business at Malerkotla. It was denied that he ever brought any panchayat with a view to rehabilitate her in the matrimonial home. She and her father made several efforts for her rehabilitation in the matrimonial home. Her rehabilitation into the matrimonial home was rebuffed by her husband and his parents. It was also urged that he was not entitled to the restitution of conjugal rights when he had knocked the door of the Court after 8 years i.e. after inordinate delay.

(3.) Vide order dated 2-8-1986, Additional Senior Sub Judge, Barnala allowed this petition and gave the husband decree for restitution of conjugal rights against the wife in view of his finding that she had withdrawn from his society without reasonable cause or excuse.