SAHYOGATA DEVI Vs. LALIT KUMAR KHURANA

JUDGEMENT

(1.) This appeal has been filed by Smt. Sanyogita Devi against the judgment and decree of the District Judge, Karnal dated 30th July, 1983.

(2.) Briefly the facts are that the parties were married at Karnal on 1st March, 1979. A daughter named Leena was born out of the wedlock on 16th April, 1980. It is alleged by the wife that the parents of the respondent were greedy persons and started torturing and mal-treating her on the ground of insufficiency of dowry. It is further alleged that the respondent without any reasonable excuse withdrew from her society with effect from 9th November, 1980. Consequently she filed a petition under S.9 of the Hindu Marriage Act (in short referred to as "the Act") for restitution of conjugal rights.

(3.) The petition was contested by the respondent who controverted the allegations of the petitioner and averred that he and his parents never mal-treated her. He also filed a counter-claim under S.23-A of the Act for seeking divorce on the ground of desertion and cruelty on the part of the petitioner towards him.