BALWINDER KAUR Vs. BALWINDER SINGH

JUDGEMENT

(1.) The appellant-wife challenged the verdict of the trial Court denying her plea for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955.

(2.) It is the contention of the petitioner/appellant that marriage of the appellant with the respondent was solemnized on 8.10.2003 at Ludhiana according to Sikh rites and customs. They lived and cohabited together as husband and wife. After about 3 years, the behaviour of the respondent towards the petitioner became very cruel, indifferent and callous. The respondent continued harassing and beating the petitioner. The respondent was living under the influence of bad habits. The respondent turned the petitioner out of the matrimonial house on 17.9.2006. Alleging that the petitioner was ready and willing to live with the respondent, petition under Section 9 of the Hindu Marriage Act, 1955 was filed by the petitioner.

(3.) The respondent contended in the reply that the petitioner is the legally wedded wife of one Kartar Singh S/o Sunder Singh. The petitioner was blessed with three children, namely, Sukhchain Singh, Amarjit Singh and Karam Singh out of her wedlock with the said Kartar Singh. Therefore, it is contended by the respondent that the petitioner is not entitled to seek any relief as against the respondent who is not her husband under Section 9 of the Hindu Marriage Act, 1955.