USHA RANI SHARMA Vs. AMAR NATH SHARMA

JUDGEMENT

(1.) RESPONDENT-HUSBAND filed petition against his wife under Section 9 of the Hindu Marriage Act, (briefly 'the Act') for restitution of conjugal rights at Ambala. Reply to the petition was filed by the petitioner-wife in which she denied the allegations made in the petition. On the pleadings of the parties, the Trial Court framed certain issues. Subsequently, an application was made for re-casting and re-framing of issues. The Trial Court re-framed the following issues :-

(2.) THE wife being not satisfied with the re-framing and re-casting of the issues, has filed the present revision petition in this Court.

(3.) THE grievance made by the petition-wife is that onus on issue No. 1 to be placed on the husband because it is he who is claiming estfitution of conjugal rights. However, I am not impressed with this argument. The wife in her written statement has stated that she was tortured and kept illegally by her husband. She stated that she secured her release with the help of the police; that she left the matrimonial home of her own accord. Explanation to Section 9 of the Act makes it clear that where a question arises whether there has been reasonable excuse for the withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society. In view of the explanation, onus has rightly been placed on the wife. Counsel for the petitioner also states that the wife has field a counter claim under Section 27 of the Act for return of dowry articles, but no issue with regard to that has been framed. This request of the Counsel appears to be just and reasonable. I, therefore, direct that the Trial Court shall frame issue No. 3-C to the effect that "whether respondent-wife is entitled to the return of the property so mentioned in the counter-claim ? OPR. "