BALWANT KAUR Vs. BALWANT SINGH

JUDGEMENT

(1.) WIFE -appellant has assailed the judgment and decree passed for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 (herein after referred to as the Act) in favour of respondent- husband Balwant Singh on 7th November, 1984.

(2.) ADMITTEDLY , the parties were married on 17th November, 1976. Out of this wed-lock, the appellant-wife gave birth to four children. In May, 1982 the appellant went to her parental home and since then she is residing there.

(3.) THE appellant denied all these allegations and 'inter alia,' contended that this petition has been filed as a counter-blast to her petition filed under Section 125 Cr. P. C. which is pending in the Court of Chief Judicial Magistrate, Sangrur. The respondent-husband intends to avoid payment of maintenance to her and to her minor children who are all living with her in her parental home. She was maltreated by her husband and was turned out of the matrimonial home. Since then she is residing with her parents as her husband has neglected to maintain her.