TAWINDERJIT SINGH Vs. SARABJIT KAUR AND ORS.

JUDGEMENT

(1.) This appeal has been preferred by the appellant husband against the judgment and decree dated 28.7.2014 passed by the Civil Judge (Senior Division) Moga, whereby the petition filed by him under Section 9 of the Hindu Marriage Act, 1955 (in short, "the Act") for restitution of conjugal rights has been dismissed.

(2.) A few facts relevant for the decision of the controversy involved as narrated in the appeal may be noticed. The marriage between the parties was solemnized on 4.12.1998 at Jagraon as per Sikh rites i.e. by Anand karaj ceremony. Neither dowry nor lunch was offered by parents of the respondent. Only five members accompanied the appellant in barat. Not even single penny was spent by the parents of the respondent nor any gold article was given by them. After the marriage, the appellant and the respondent lived together and cohabited as husband and wife but no issue was born. The respondent went to meet her parents on 5.3.2002 but did not come back inspite of efforts made by the appellant-husband. The appellant is serving in Border Security Force and is unable to keep the respondent at the place of his posting as per rules. The respondent was pressurizing him to resign from service and she was not ready to live in the house of the appellant with his parents. The appellant filed petition under Section 9 of the Act for restitution of conjugal rights against the respondent. Upon notice, the respondent appeared and filed reply controverting the averments made in the petition. The trial court after considering the evidence on record dismissed the petition vide order dated 28.7.2014 impugned herein. Hence the instant appeal.

(3.) We have heard learned counsel for the appellant and perused the record.