AMRIK SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) This is husband's appeal whose petition under section 9 of the Hindu Marriage Act for restitution of conjugal rights has been dismissed by the Additional Senior Sub Judge, Nawanshahar.

(2.) The marriage between the parties was solemnised on Ist October, 1979 at Amloh. According to the husband, the wife left the matrimonial home in January, 1982. The present petition was filed on 18th July, 1985 on the allegations that the behaviour of his wife towards him and his family members was always quarrelsome. She stated pressurising her husband, saying that he should permanently shift to HimmatgarhChhanna or Amloh and should do business there, to which he did not agree. The wife started threatening that she will not live with him. About 4-1/2 years ago the wife went to her parent's house on the pretext of seeing her ailing father and thereafter she did not return to the husband's house to discharge her marital obligations. While leaving the house, she took along all the jewellery and costly clothes. The husband convened panchayats to bring back the respondent wife, but she did not agree. Thus she has deserted the appellant without any reasonable excuse.

(3.) In the written statement the said allegations were denied by the wife. It was pleaded that it was a counter-blast to the petition filed by her under section 125, Criminal Procedure Code for grant of maintenance. Moreover, the present petition had been filed after a long delay and no explanation had been given for the same. On merits it was stated that there were two pregnancies but the same had resulted in abortion as a result of severe beating given by the husband. He treated her with utmost cruelty and forced her to leave the matrimonial home. After the marriage, the husband and his family members started misbehaving with her on the allegations that she had not brought sufficient dowry at the time of marriage and that she was a simpleton. The husband also asked the respondent to bring Rs. 30,000/- from her parents, as he intended to start independent business. The parents of the respondent paid Rs. 5,000/- to the husband, but even then he did not feel satisfied and he continued maltreating and beating the wife. It was further stated that she was turned out from the house in bare three clothes and the husband was guilty of deserting the wife.