JAGTAR SINGH Vs. HARDIP KAUR ALIAS GURNAM KAUR

JUDGEMENT

(1.) This is a petitioner's first appeal under Section 28 of the Hindu Marriage Act, 25 of 1955, hereinafter called the Act, against the order dated June 11, 1962 passed by the Court of Shri Jaswant Singh, Senior Subordinate Judge, Ferozepore, dismissing the appellant's petition under Section 9 of the Act for restitution of conjugal rights.

(2.) Marriage between the two spouses, both of whom, are admittedly Hindus within the meanings of the Act, was performed on June 20, 1947. A daughter was born from the wedlock in June, 1953. It is not disputed that the parties are living separately since June, 1956. The respondent had, according to the appellant, withdrawn from the appellant's society since she left his house with her parents who had taken her away on 14th June, 1956 on the pretext that she had to attend the marriage of her relations. According to the respondent's case the appellant had got annoyed with her when a daughter was born to them and since then he had started maltreating her. The respondent has stated in her reply to the petition for restitution of conjugal rights that the appellant beat the respondent and turned her out of his house saying that she was neither beautiful nor had given birth to a male child and that he would have to marry again in order to get a son.

(3.) On April 27, 1960 the appellant filed a petition under Section 9 of the Act for restitution of conjugal rights. The respondent filed on 12th May, 1960 an application under Section 488 of the Code of Criminal Procedure in the Court of a Magistrate at Amritsar which was later ordered to be returned to her for presentation to a Court of competent jurisdiction. In her written reply dated 21st July, 1960 to the previous petition the respondent claimed to have been cruelly treated and to have been turned out of the house by the appellant.