BALJEET KAUR Vs. AJIT PAL SINGH

JUDGEMENT

(1.) Cm No. 23965-CII of 2014

(2.) The facts, in brief, necessary for adjudication of the instant appeal as narrated therein may be noticed. The respondent filed a petition under Section 9 of the Act, inter alia, pleading that the marriage between the parties was solemnised on 27.6.2010 according to Sikh rites and ceremonies. After the marriage, the parties lived together at Balongi at the house of the husband and consummated the marriage. No child was born out of the said wedlock. During the stay of the appellant with the respondent at his house, the mother and sisters of the appellant started visiting frequently and used to interfere in the family affairs of the parties. After one month of the marriage, the mother of the appellant insisted that the appellant would live separately from the family of the respondent to which he did not agree. The appellant used to give money to her mother and sister. Once, the respondent brought a sum of Rs. 50,000/- from the bank in connection with his business requirements and he handed over the same to his wife who further handed over the same to her mother. On demanding the said amount by the respondent, the appellant could not bring the amount from her mother. The appellant in connivance with her mother and sister got aborted herself without the consent of the respondent. The appellant along with gold ornaments and other valuable items left the matrimonial house on 28.9.2010 with the assurance that there was a marriage in the neighbourhood and she would come back after a week. The respondent visited the parental house of the appellant to bring her back firstly in the first week of October, 2010 and lastly on 24.10.2010 but her mother refused to send the appellant back to Balongi. The respondent was also called in the Police Station on the complaint moved by the appellant. The respondent was ready and willing to keep the appellant with him but she refused to live with him. Accordingly, the respondent filed a petition under Section 9 of the Act. The said petition was contested by the appellant by filing a written statement. The averments made in the petition were controverted and a prayer for dismissal of the same was made. The respondent filed replication controverting the averments made in the written statement. From the pleadings of the parties, the trial court framed the following issues:-

(3.) The trial court on appreciation of evidence led by the parties decided issue No.1 in favour of the respondent holding that the appellant being a legally wedded wife of the respondent was duty bound to join the company of the appellant. Accordingly, the trial court vide judgment and decree dated 22.5.2014 allowed the petition and directed the appellant to join the company of the respondent within a period of one month. Hence, the present appeal.