BANT KAUR Vs. GURNEK SINGH

JUDGEMENT

(1.) This is an appeal against the order passed by Sub-Judge Ist Class, Rajpura, (exercising the powers of District Judge) vide which, a decree for restitution of conjugal rights was granted in favour of Gurnek Singh and against Bant Kaur appellant.

(2.) The facts of the case, briefly stated, are that the parties were married in May, 1968 according to Hindu rites. According to Gurnek Singh respondent, they lived together for two years and thereafter Bant Kaur left his house without any reason and did not return to his house inspite of best efforts. He, therefore, filed a petition for the restitution of conjugal rights under Section 9 of the Hindu Marriage Act.

(3.) The plea taken up by Bant Kaur appellant was, that she had lived at the house of her husband for about one week after the marriage when she was turned out as she had not brought handsome dowry. The following issues were framed by the trial Court :