LAWS(P&H)-1978-2-49

MALKIAT KAUR Vs. PHUMAN SINGH

Decided On February 17, 1978
MALKIAT KAUR Appellant
V/S
Phuman Singh Respondents

JUDGEMENT

(1.) Appellant Malkiat Kaur and respondent Phuman Singh were married at village Dholaitia, District Jullundur on 2-4-1962 according to Sikh rites. They lived as a husband and wife for quite some time. It is averred in the petition filed under section 9 of the Hindu Marriage Act, 1955 by the respondent that the appellant left the house of the respondent from village Ferozepur Jhirka, district Gurgaon on 26-2-1970 without any reasonable cause and under the false pretext that her sister's husband was to leave for U. K. and that she was to see him before his departure. She promised to come back but did not return. The respondent himself then went to bring the appellant, but she refused to accompany him. It is averred that the father of the appellant told the respondent that he should pay a sum of Rs. 2,500/- for meeting the expenses of sending the brother-in-law of the appellant to England and then she will be sent back.

(2.) The averments made in the petition were denied by the appellant and she claimed that she was maltreated and turned out of the house. She tried to approach the respondent, but the respondent did not agree to keep her. On the pleadings of the parties, following issues were framed :-

(3.) In response to the notice no one appeared to oppose this appeal.