CHARANJIT KAUR Vs. NACHHATTAR SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment of Additional Senior Sub Judge, Moga (exercising the powers of District Judge), dated Oct. 1, 1987.

(2.) Shri Nachhattar Singh, husband of the appellant, filed a petition under Sec. 9 of the Hindu Marriage Act for restitution of conjugal rights. The case was contested by the wife. The issue before the Matrimonial Court was whether the wife had withdrawn from the society of the petitioner for just and reasonable excuse. The matrimonial Court on the basis of evidence produced by the husband-respondent, returned a finding that the appellant-wife had withdrawn from the society of the petitioner without any reasonable excuse.

(3.) The challenge is that the husband of the appellant treated her with cruelty, as such, no decree for restitution of conjugal right should have been granted.