DANA SINGH Vs. SINDER PAL

JUDGEMENT

(1.) THIS appeal has been directed against order dated 29. 3. 1989 passed by the Additional Senior Sub-Judge, Nabha, exercising the powers of District Judge under the Hindu Marriage Act whereby petition under Section 9 of Hindu Marriage Act (hereinafter referred to as the Act) preferred by the husband (appellant herein) for restitution of conjugal rights has been dismissed.

(2.) MARRIAGE between the parties took place on 12. 3. 1986 and they lived together at Nabha. According to the appellant, as averred by him in his petition under Section 9 of the Act, on 6. 6. 1987, father of the wife (respondent herein) took her on the pretext of Tian festival but later she failed to return to her matrimonial home. He also averred in his petition under Section 9 that while going with her father, she took all her jewellery and other valuables with her which were presented to her by his parents. He also averred that despite persuation failed to return to her matrimonial home though he is always ready and willing to live with her.

(3.) APPELLANT filed replication controverting the pleas taken by the respondent in her written statement. Trial Court, on the basis of the pleadings of the parties, framed issues and parties were given sufficient opportunity to produce evidence. On the basis of the pleadings and on appreciation of the evidence which has been brought on record. Trial Court came to the conclusion that the respondents has not withdrawn from the society of the appellant without any sufficient cause. Accordingly, the Court held that the appellant is not entitled to the decree prayed for.