MANJIT KAUR Vs. JAGDEV SINGH

JUDGEMENT

(1.) Jagdev Singh respondent-husband brought a petition under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights against the appellant Manjit Kaur wife. On the pleadings of the parties, the following issues were framed by the learned trial Judge :

(2.) The learned trial Judge decided issue No. 1 in favour of the husband and thus allowed his application, thereby granting a decree for restitution of conjugal rights.

(3.) I have gone through the evidence led by the parties and I find that there is no merit in this appeal. The respondent-husband examined Haqiqat Singh, P.W. 1. Avtar Singh, P.W. 2 and appeared himself as P.W. 3. The statement of these witnesses including that of the respondent show that Panchayat was taken twice by the respondent to the village of the appellant with a view to request her to resume cohabitation with the respondent. On the other hand the appellant- wife produced nine witnesses. Gurbachan Singh, R.W. 1, Niranjan Singh, R.W. 2 and Joginder Singh, R.W. 3, deposed regarding the facts which concern the taking of the Panchayat by the husband during the pendency of proceedings before the Court below. These witnesses did not depose as to on what grounds the appellant left the house of the husband. Tara Singh R.W. 4 deposed that the appellant came to her parents house after about two years of the marriage. Similarly, Avtar Singh R.W. 5, Jugraj Singh R.W. 6 and Balbir Singh, R.W. 7 deposed that the appellant came to the house of her father two years after the marriage. None of the witnesses referred to above deposed that she was maltreated or turned out of the house with reference to a particular incident. According to the witnesses Raja Singh, R.W. 8 stood surety for Joginder Singh father of Jagdev Singh, respondent in security proceedings between Jagdev Singh and Joginder Singh and therefore, the respondent who was not on good terms with his father got annoyed and turned the appellant out of his house. It may be observed that none of the witnesses and so also Raja Singh, R.W. 8 and the appellant who appeared as R. W. 9 depssed about any particular incident when she was turned out from the house of the husband. The appellant in her own statement admitted that the was not given any beating by the respondent-husband, but she was maltreated by her mother-in-law and the sister of the respondent.