GURBAZ SINGH Vs. BHIRA ALIAS RAMJIT KAUR

JUDGEMENT

(1.) This appeal is directed by Gurbaz Singh against the decree and judgment of Subordinate Judge First Class Amritsar, dated March 15, 1974, dismissing his petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1951 (hereinafter referred to as the Act).

(2.) Briefly, the facts are that the parties were married in or about the year 1963 but no child was, however, born from the wedlock. It it alleged that Smt. Bhiro respondent, withdrew from the society of the petitioner in June, 1970, without any reasonable excuse and that inspite of various requests she did not return to him. Consequently, he filed a petition under section 9 of the Act for restitution of conjugal rights. The respondent contested the petition, inter alia on the group that the relations between her and the petitioner were not good as the petitioner was not treating her well. It is further alleged that he started abusing and giving beating to her after three years of the marriage and ultimately turned her out of the house. She went to her parents where she remained for three years and thereafter was brought back by her husband on the intervention of relations an respectable persons. It is further averred that she was again turned out by him from his house after 2-3 days and since then she had be residing with her father. She also pleaded that she was compelled to file proceedings under section 488, Criminal Procedure Code and the present petition was a counter blast to those proceedings. On the pleadings of the parties, the following issues were framed :

(3.) The only question that arises for determination is whether there were sufficient grounds for the respondent to withdraw from the society of the petitioner. In order to prove his case, the petitioner produced in evidence, Mahabir Singh, Sarpanch, PW-1, Surinder Singh PW-2, Dewan Singh, Sarpanch, PW-3, Nazir Singh, father of the petitioner, PW-4, besides himself, Mahabir Singh PW-1 is Sarpanch of village Verka, the village of the petitioner. He stated that he attempted to get compromise effected between the parties. He met the Sarpanch of village Abdal, the village of the father of the respondent, and told him that he would give guarantee regarding safety of the respondent if she was sent to the appellant. The Sarpanch Abdal replied that he be given sometime for consultation. After waiting for some time he sent a letter dated February 28, 1973, Ex. A/1 to the Sarpanch of Abdal. The Sarpanch of the village in reply to the letter made a demand on behalf of the respondent which was not acceptable to the appellant. Therefore, the compromise could not be effected between the parties. He further deposed that the appellant was not addicted to drinking and that he never maltreated the respondent. Surinder Singh PW-2 accompanied the appellant to the house of the father of the respondent in January, 1971, and requested him to send the respondent with the appellant but, according to him, the father of the respondent did not give any reply. Nazir Singh PW-4, stated that the respondent left for her parents' house in January, 1971. She used to remain ill and wanted to get herself treated at her parents' house. He had been going to her parents to take back the respondent but her parents always replied that she would be sent when she got alright. No Panchayat from the side of the respondent ever visited Verka. He also supported Mahabir Singh Sarpanch of village Verka PW-1. The appellant also produced Dewan Singh, Sarpanch, of village Abdal PW-3. He stated that he had talked regarding this matter with the appellant and he was not prepared to keep the respondent. He had replied to the letter of the Sarpanch of Verka which was Ex. A-2. He also deposed that the appellant never came to their village to take back the respondent. He was hesitant to identify his signatures on Ex. A-2 but ultimately he admitted the signatures on the document. The appellant appeared as his own witness and supported the above said witnessses.