SWARAN SINGH Vs. JASMEL KAUR

JUDGEMENT

(1.) This is a husband's appeal against the judgment and decree of the learned Single Judge of this Court accepting the appeal of the respondent-wife against the judgment and decree dated August 1, 1979, of the learned trial Judge granting the petition of the appellant-husband Swaran Singh and passing a decree of restitution of conjugal rights in his favour and against the respondent-wife.

(2.) Swaran Singh, appellant (hereinafter referred to as 'the petitioner') filed a petition under Section 9 of the Hindu Marriage Act (for short 'the Act') against his wife Jasmel Kaur, respondent, on the allegations that the parties were married on June 9, 1967 and a son was born out of this wedlock. In early 1977, the respondent went to her parent's house with avowed purpose of meeting them. She took along her son. She also took away the clothes and ornaments. When she did not return for some time, the petitioner went to his in law's place and asked the respondent to accompany him. The respondent refused. Thereafter, the petitioner took panchayat but the respondent refused to come and live with the petitioner and her father declined to send her to her in-law's place. Since the respondent had withdrawn from the petitioner's society without reasonable excuse he filed a petition under Section 9 of the Act for a decree for restitution of conjugal rights.

(3.) The wife resisted the petition. In her written statement she admitted the factum of marriage and the birth of a son. She denied the other allegations and put a counter version. She pleaded that in 1971, the petitioner's father had obtained a loan of Rs. 5,000/- from her father. Sometimes thereafter the petitioner's father acquired Rs. 45,000/- by selling her sister's land. The respondent requested the petitioner that the loan advanced by his father should be paid back. This infuriated the petitioner who started maltreating her and turned her out of his house. Her father took the respondent along with the respectables of the village, named Bachan Singh and Gajjan Singh to village of the petitioner. Kartar Singh, who was the match-maker was joined there. They all went to the house of the petitioner. On the persuasion of these persons, the petitioner agreed to keep the respondent but shortly thereafter he started maltreating and beating the respondent and turned her out of his house.