LABH KAUR Vs. BABU SINGH

JUDGEMENT

(1.) This is an appeal of Labh Kaur from the decree of the Subordinate Judge, Jagraon, passed for restitution of conjugal rights at the instance of respondent Babu Singh.

(2.) The parties were married in village Thrike, which is the home of the wife's father. The married life ran a smooth course for about ten years and they lived together at village Morkarima where the husband resides. Three issues were born of this marriage, two of whom are surviving, one boy of 11 and the other a girl of 8. The trouble arose in 1961 when the wife suspected that her husband had a liaison with a married woman Harman Kaur, whose husband was away from the village serving in the Army. According to the wife, her protests only resulted in the beating given to her by the husband with a gandasa. After being turned out from the house she filed an application on the 24th of July, 1962, under Section 488 of the Code of Criminal Procedure for maintenance. While this application was still pending, the respondent-husband made an application on the 5th of September, 1962, under Section 9 of the Hindu Marriage Act, 1955 (hereinafter to be referred to as the Act) for restitution of conjugal rights. The maintenance in the application under Section 488 Cr. P.C. was eventually granted at the rate of Rs. 50/- per mensum on the 18th of January, 1964, and that is the subject-matter of a revision petition (Criminal Revision No. 33-R of 1964) which is being disposed of separately.

(3.) This appeal is concerned with the decree which was granted in favour of the husband by the Subordinate Judge on the 22nd of August, 1963. In order to appreciate the argument of Mr. Wasu, learned counsel for the appellant-wife, it may be set out that a decree for restitution of conjugal rights was sought by the husband on the following ground contained in paragraph 7 of the petition under Section 9 of the Act :-