DARSHAN RAM Vs. MAYA BAI

JUDGEMENT

(1.) THE husband has preferred this appeal against the dismissal of his petition under Section 5 of the Hindu Marriage Act, 1955 (in short, the Act) for restitution of conjugal rights.

(2.) IT is not disputed that the appellant was married to the respondent 4-3/4 years prior to the institution of the proceedings at village Ahalbodla, Tehsil Fazilka, as per Hindu rites. After the marriage the appellant and the respondent lived in the matrimonial home for one year. The respondent gave birth to a daughter in this conjugal union. After one year the respondent left the matrimonial home and has not come back. It is also admitted that the respondent filed a petition under Section 125 of the Code of Criminal Procedure (in short, the Code), which is decided against the appellant.

(3.) THE respondent in her reply averred that she was beaten by the appellant and was turned out of the matrimonial home to coerce her to bring more dowry. Her parents gave Rs. 5,000/- to the appellant, but still his greed for more dowry was not satiated. He demanded a scooter and a television to be given in dowry. She was turned out of the matrimonial home. Thereafter the appellant never made any attempt to bring her back. Conversely, he declared that he will perform a second marriage. She also alleged that these proceedings are initiated as a counter-blast to her application filed under Section 125 of the Code and to harass her.