KUM KUM PURI Vs. ASHWANI KUMAR TANGRI

JUDGEMENT

(1.) THIS is wife's appeal against whom decree under Section 9 of the Hindu Marriage Act for restitution of conjugal rights has been passed.

(2.) THE marriage between the parties was solemnized on 30 9.1984. They parted company on 23.11.1984. The wife filed petition under Section 125, Code of Criminal Procedure for maintenance on 12.9.1985 in which reply on behalf of the husband was filed on 16 12 1985. The present petition under Section 9 of the Hindu Marriage Act was filed by the husband on 18.12.1985 alleging that as long as the wife stayed with him she remained under depression and also had fits He got her medically examined and got her admitted in Mission Hospital at Ambala for treatment. The cause of depression could not come to his knowledge. But the wife herself disclosed later that she had this problem before her marriage and suffered fits and that she remained admitted in Mission Hospital at Ambala for treatment. It was on 23.11 1984 when the wife's brother came to visit her and took her to Ambala on the pretext that her parents wanted to see her and that she will come back soon. Later on she did not turn up. Efforts were made by the father of the husband along with Gurcharan Dass to bring her bake from Ambala when the wife's father told them that she will be sent soon. On 16.12.1985 the husband went to Ambala to bring her back, but she told him that she was not feeling well and was under medical treatment and therefore, refused to accompany him. Instead of coming back to the matrimonial home, she filed a petition under Section 125, Cr. P. C. against him at Ambala. According to the husband, the wife has deserted him without any reasonable and probable cause. She is living away from him against his wishes. Her attitude has deprived him of his marital and conjugal rights.

(3.) ON the pleadings of the parties, the trial Court framed the following issues: