SARABJIT KAUR RANDHAWA @ ANJU Vs. JOGINDER PAL SINGH

JUDGEMENT

(1.) APPELLANT /wife has filed this appeal against judgment and decree dated 8.2.2002, vide which her application under Section 9 of the Hindu Marriage Act, 1955 (in short the Act), was dismissed.

(2.) IT was case of the appellant that the marriage was solemnised between her and respondent on 24.3.1986 at Sangrur by Anand Karaz ceremony. After marriage, parties resided together and co-habited as husband and wife at Bathinda and Sangrur and out of this wedlock, daughter namely Pawan Puneet Kaur was born on 16.11.989 at Nabha. It was further case of the appellant that the parties resided together as husband and wife till June, 1991 when respondent/husband went to U.S.A. for some training and he left the appellant with her parents alongwith a minor daughter. Appellant is in service at Nabha and she had been visiting her in-laws at Sangrur. When respondent came back to India, he did not inform the appellant. However, when appellant came to Sangrur, she met him and asked as to why she was not informed of his arrival. Then respondent replied in a very angry mood and told that he had no intention to live with the appellant and turned the appellant out of his house. It was also brought to her notice that he, now intends to settle in U.S.A. Appellant brought this incident to the notice of her parents on 13.2.1994. A gathering of respectables came to Sangrur and made a request that she be rehabilitated in her matrimonial house but the same was turned down. By stating all these facts, application under Section 9 of the Act for restitution of conjugal rights was filed by the appellant.

(3.) IN order to prove her case, appellant appeared as AW1 as her own witness and she examined one Sewa Singh son of Kehar Singh as AW2. To prove birth of the child, she brought Hans Raj in the witness box as AW3, Dr. Jasbir Kaur as AW4 and to prove date of birth and parentage of the child, Raj Kamal Dhamil Clerk in some school was produced as AW5. Respondent with a view to rebut evidence, produced as many as 6 witnesses and also brought on record documentary evidence.