KUNTA DEVI Vs. SIRI RAM KALU RAM

JUDGEMENT

(1.) THIS first appeal arises from the decision of the Sub-Judge Ist Class given on a petition made before him for restitution of conjugal rights under Section 9 of the hindu Marriage Act, 1955. The application was made by one Siri Ram , against kunta Devi alias Kunti whom he claimed to be his wife.

(2.) THE main facts of this case are that Kunta Devi is a young girl who was living at ambala with her mother and brother, and her father is dead. She is Dhiman brahman by caste. She had, according to the petitioner Siri Ram, become pregnant from him and they have been having a liaison for some time previously. She and the petitioner left Arnbala for Dina Nagar on 14th July, 1959, and a marriage between them was solemnised according to Vedic rites by a Pandit of the local Arya Samaj. After the solemnisation of the marriage a male child was born. The petition lacks details and is rather cryptic. The petitioner has prayed that a decree for restitution of conjugal rights be passed against the respondent.

(3.) FROM the facts on the record, it appears that on the disappearance of the girl information was lodged with the police that she had been abducted by Siri Ram. He was arrested at Dina Nagar by the police and prosecuted under Sections 366, 363 and 376, Indian Penal Code, and the Magistrate, Ambala, on 29th June, 1960, found him guilty and sentenced him to six month's rigorous imprisonment. Siri ram then preferred an appeal before the Sessions Judge which was allowed and he was acquitted. The date of acquittal does not appear from the record of these proceedings. On 5th October, 1960, the present application under Section 9 of the hindu Marriage Act was filed in the Court of Sub-Judge at Ambala.