SHRIMATI SANTOSH KAUR Vs. MEHAR SINGH

JUDGEMENT

(1.) THIS is an appeal filed by Smt. Santosh Kaur against the order passed by the learned District Judge, Gurdaspur, granting a decree for restitution of conjugal rights in favour of her husband, Mehar Singh, respondent, under Section 9 of the Hindu Marriage Act, 1955.

(2.) ACCORDING to the allegations of the husband, the marriage between the parties was solemnised on 1st September, 1962. At that time his age was about 23 years, while that of his wife 19 years. Out of this wedlock a son was born on 29th December, 1963. The wife withdrew from his society without any reasonable excuse or justification on 20th August, 1964. He had not got good relations with Sewa Singh, the husband of the elder sister of his wife. The said sister and her husband were responsible for this estrangement between him and his wife. His father -in -law was not alive and thus Sewa Singh, in order to harass him, had dissuaded the appellant from living with him. He had previously filed a petition under section 9 of the Hindu Marriage Act on 22nd February, 1964, because she had withdrawn from his society without any justification with effect from 25th September, 1963. Later on during the course of the trial of this petition, after the persuasion of the respectables of the village, she came to live with him in the first week of June 1964 and continued to live amicably with him, with the result that he got that petition consigned to the record -room On 2Cth August, 1964, however, she left his house without any reasonable cause. He, therefore, filed the present petition on 24lh August, 1964. He also alleged that she had filed an application under section 483 of the Code of Criminal Procedure and the same was fixed for 8th September, 1964 for evidence.

(3.) ON the pleadings of the parties, the following two issues were framed: