GURDIAL KAUR Vs. MUKAND SINGH

JUDGEMENT

(1.) THIS is an appeal against the order of the Subordinate Judge, First Class, Rajpura, dated 16-5-1963, by which a decree for restitution of conjugal rights has been granted in favour of Mukand Singh against Gurdial Kaur.

(2.) THE allegation of Mukand Singh was that he and Gurdial Kaur were married at village Bhat Majra some nine years before the filing of the application. They lived together as husband and wife for some time, but no issue was born. About seven months before the application was filed, the mother and maternal-uncle of the wife took her away on a pretext of a short visit. After that, however, Gurdial Kaur did not return to the house of Mukand Singh applicant. In spite of the best efforts of Mukand Singh, Gurdial Kaur refused to come back and perform the duties of a wife.

(3.) BEFORE filing the present application, a complaint had been filed by Mukand Singh under Section 494, Indian Penal Code, alleging that Gurdial Kaur and one Bachman Singh had entered into a marriage. The complaint, however, was dismissed and the accused were acquitted.