ANIL KUMAR Vs. KIRAN BALA

JUDGEMENT

(1.) THIS is husband's appeal directed against the judgment dated August 1, 1988 of the learned Additional District Judge, Hoshiarpur whereby petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act (for short the Act) has been dismissed.

(2.) MARRIAGE between the parties was solemnised according to Hindu rites on 7. 2. 1984 at Mukerian and subsequent there to they lived together resulting in the birth of a son on 12. 1. 1985. The husband Anil Kumar (appellant herein) brought a petition against his wife Kiran Bala (respondent herein) for restitution of conjugal rights under Section 9 of the Act alleging therein that after the marriage, the respondent stayed with him for week or so and then went away to her parents. His case has been that from the very beginning, the respondent insisted for separate mess, residence and business without any reason whatsoever. He averred in his petition that he has been living with his mother and two married elder brothers jointly and had been doing business with his brothers; that there was a joint mess and residence and it was not possible for him to take such a drastic step for separation immediately after the marriage. But the respondent was adamant for separation of the appellant from his brothers and family. He further averred that she provoked her parents and levelled false allegations against him and his family members. He averred that on 6. 5. 1984, her father, brother and one Hem Raj Aggarwal visited his house and enquired about the allegations which the respondent has levelled against him and other family members. He further alleged that they took the respondent to Mukerian so as to persuade her to live with her husband and while going, the respondent took all the ornaments and valuables with ulterior motive as she had decided not to come back to the house of the appellant. He has stated that in the month of July, 1984, the appellant and his brother narrated the whole story to Shri Muni Lai Aggarwal who is President of Agarwal Sabha of Hoshiarpur. Shri Muni Lal Aggarwal alongwith Sat Pal Aggarwal, Joginder Partap (maternal uncle of the appellant) and Vinod Kumar (brother of the respondent) approached the respondent and it was settled that the parents of the respondent will drop her at Hoshiarpur within a week but they did not stick to the settlement and never sent the respondent till the filing of the petition. He stated that on 20. 10. 1984, the respondent alongwith her father, brother and Shri Prem Chand and Shri Ajudhia Parshad gathered at the house of Shri Muni Lal Aggarwal and in the presence of the appellant, his other family members, Shri Hem Raj Aggarwal, Sat Pal, Inder Sen, it was settled that the respondent who was in family way, will join the appellant after the birth of the child. His case has been that the respondent has not returned to her matrimonial home despite many efforts made by him to rehabilitate her.

(3.) APPELLANT filed replication denying the averments made in the written statement by the respondent. On the pleadings of the parties, the Trial Court framed the following issues : 1. Whether there are sufficient grounds for withdrawal of the wife- respondent from the society of the husband-petitioner ? OPr 2. Relief. Trial Court, on appreciation of the evidence brought on the record, dismissed the petition as the Trial Court was of the view that it was the husband who made the respondent leave his house and thereby drove her to withdraw from his society. This is husband's appeal directed against the order of learned Additional District Judge, Hoshiarpur.