HARDEEP KAUR Vs. RATTAN SINGH TOOR

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant wife against the judgment and decree dated 11.9.2009 passed by the trial court, whereby the petition filed by the respondent -husband under section 9 of the Hindu Marriage Act, 1955 (in short, "the Act") for restitution of conjugal rights has been allowed.

(2.) A few facts relevant for the decision of the controversy involved as available on the record may be noticed. Marriage between the parties was solemnized on 21.6.1997 at Village Bham, Tehsil and District Hoshiarpur as per Sikh rites. After the marriage, the parties resided together at Village Dhigangarh as husband and wife. Two children namely Amarjot Kaur and Harjinder Singh were born out of the wedlock. As alleged in the petition under Section 9 of the Act filed by the respondent -husband, marriage was simple. No dowry was taken. After the marriage, the appellant wife started pressurizing the respondent to live in her parents' house as ghar jamai. She refused to serve the respondent and his old parents. Her attitude was not cordial towards her mother -in -law. She used to pick up quarrels on petty matters. She left the matrimonial home in the month of July 1998 without intimating the respondent as well as his parents. At that time, she was pregnant. The respondent got convened panchayat. Efforts were made to bring the appellant back to her matrimonial home but she refused to come back. On 11.9.1998, female child was born and the entire expenses on delivery were borne by the respondent. The parents of the respondent visited the house of the parents of the appellant alongwith customary gifts but even at that time her behaviour was not proper. In August 2000, she again left the matrimonial home and stated that she will not come back unless and until the respondent started living in her parents house as ghar jamai. With the intervention of Panchayat, she was brought back to her in -laws' house. In August 2001 i.e. on 4.8.2001, she again left the matrimonial home on the ground that she was going to her parents' house on the festival of Rakhi but she did not come back. When the respondent went to take her back, she refused to come back. When she left the matrimonial house, she left both the children there. The respondent alongwith his parents and other respectable persons went to Village Bham several times for bringing her back but she refused to come back. It was given in writing by the panchayat to the respondent that the appellant was not ready to live with him as her mother was not interested for rehabilitation of her daughter in the matrimonial home. Upon notice in Section 9 petition, the appellant appeared and filed written statement controverting the averments made in the petition. The trial court after considering the evidence on record allowed the petition under section 9 of the Act filed by the respondent -husband vide judgment and decree dated 11.9.2009 impugned herein. Hence the instant appeal by the appellant wife.

(3.) WE have heard learned counsel for the parties and perused the record. On the pleadings of the parties, the trial court framed the following issues: