JASWINDER KAUR ALIAS SIMERJIT KAUR Vs. KULWANT SINGH

JUDGEMENT

(1.) THIS appeal has been filed by Shrimati Jaswinder Kaur against the decree for restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955 passed against her by the Subordinate Judge 1st Class, Faridkot.

(2.) KULWANT Singh respondent approached the court of Sub -Judge 1st Class at Faridkot stating that he had been married with the petitioner in December, 1974 and out of their wedlock one female child had been born. The parties lived together as husband and wife at his village Machaki Khurd till March, 1974 when the appellant without any reasonable excuse withdrew from his society and went to live with her parents. The respondent further averred that his efforts to bring back the appellant to his house with the help of the village Panchayat did not bear any fruit. He, therefore, filed the present petition for a decree of restitution of conjugal rights against the appellant so that she could come and live with him as wife in his house.

(3.) THE learned trial Sub -Judge framed the following issues in the case : -