SATNAM KAUR Vs. BALWANT SINGH ANAND

JUDGEMENT

(1.) This first appeal is directed against the order of the learned Sub-Judge Ist Class, Ambala City, vide which the petition under section 9 of the Hindu Marriage Act (hereinafter referred to as the Act) filed by Balwant Singh, husband, against Smt. Satnam Kaur his wife has been accepted and a decree for the restitution of conjugal rights had been passed in his favour and against Smt. Satnam Kaur leaving the parties to hear their own costs.

(2.) Balwant Singh petitioner-respondent in his petition under section 9 of the Act, alleged that love affairs developed between him and Smt. Satnam Kaur which culminated in their secret marriage on 16-5-1968, that they continued meeting and cohabiting at Patiala and that the name of Smt. Satnam Kaur was changed to Smt. Surinder Kaur. He further alleged that since the parents of the parties considered this secret marriage as ignonimous, a formal public marriage according to Sikh rites was celebrated on 7-10-1971 and the wife was brought by a regular marriage party and thereafter they lived and cohabited at Ambala till 17-1-1972. It is further pleaded that the parties lived at Bombay from 19-1-1972 to 12-6-1972 as husband and wife and Smt. Satnam Kaur became pregnant. Smt. Satnam Kaur was brought by her parents to Patiala on 18-5-1972 where she delivered a male child in the month of August 1972. Further according to Balwant Singh, he requested Smt. Satnam Kaur to come back to his house along with the child but she started making complaints against him to his Officer Commanding and did not come to him and that her conduct amounted to withdrawing from his society without any reasonable excuse.

(3.) Smt. Satnam Kaur, respondent-appellant, in reply admitted the factum of her marriage with the petitioner-respondent on 7-10-1971 but not on 16-5-1968. She denied that there was any love affairs between her and Balwant Singh. Further according to her when she was at Bombay she found a marriage snap of the petitioner-respondent with some other girl and when she enquired from him about that matter, he (the petitioner-respondent) got annoyed and abused her saying that she had no business to interfere in his private life. It is further alleged by her that he snatched the photograph from her and tore away the same. She also pleaded that she was told by one of the colleagues of her husband that he (Balwant Singh) was married with one Surinder Kaur prior to her marriage with him and that when she again enquired from him about his marriage with Surinder Kaur, he lost his temper and started maltreating and beating her and putting pressure upon her not to disclose that fact to anybody. She further pleaded that she informed her father about this matter upon which her father reached Bombay but he was not allowed to meet her. It is further alleged by her that she was turned out of the house in three clothes on 21-6-1972 and since then she was residing with her parents. The following issues had been framed by the trial Court