LAWS(P&H)-1997-8-58

NIRMALA DEVI Vs. PRITAM SINGH

Decided On August 11, 1997
NIRMALA DEVI Appellant
V/S
PRITAM SINGH Respondents

JUDGEMENT

(1.) THIS letters patent appeal is directed against the judgment dated November 2, 1987 passed by learned Single Judge of this Court dismissing FAO No. 14-M of 1987.

(2.) THE following facts have given rise to this appeal: Pritam Singh (husband) instituted petition Under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights against Smt. Nirmala Devi (wife ). They were married at Village Dher Tehsil Anandpur Sahib, District Ropar on 30. 11. 1972. After marriage, they cohabited at the house of the husband. No child was, however, born to them. About three years ago, the wife's father came to the house of the husband and she was taken to her parental home at village Dher saying that she would be sent back after 'karva' and 'deepawali' festivals were over. She took with her all the gold and silver ornaments i. e. Gajras, ear rings etc, and clothes all worth more than Rs. 30,000.00 saying that she would be using these ornaments and clothes on the occasion of festivals. She did not return to the matrimonial home after the festivals were over. He went to her parents house thrice for bringing her back to the matrimonial home. On all these occasions, her father sent him back on one pretext or the other without his wife. She was not willing to turn up to the matrimonial home and her father too was not willing to send her to the matrimonial home. They took the matter to Panchayat comprising common relatives and other respectables. They all requested her father to send her back to the matrimonial home but to no effect. According to the husband, she withdrew from his society without reasonable cause or excuse despite service Of registered notice dated 11. 10. 1985 on her. She did not turn up to the matrimonial home. Instead of returning to the matrimonial home, she furnished reply to the said notice containing scandalous accusations.

(3.) ON the pleadings of the parties, the following issues were framed by the learned Trial Court: (1) Whether the respondent has withdrawn from the society of the petitioner ? OPp (2) Whether the respondent has withdrawn from the society of the petitioner for a reasonable and just excuse ? OPr (3) Whether the petitioner is entitled to the restitution of conjugal rights ? OPp (4) Whether the petition is not maintainable in the present form ? OPr (5) Relief.