KAILASH RANI Vs. SHAM SUNDER

JUDGEMENT

(1.) This first appeal from order is directed against the judgment and decree dated 15th June, 1976, rendered by the Subordinate Judge 1st Class Dasuya, vide which a decree for the restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955 (hereinafter called the Act) was passed against the present appellant Smt. Kailash Rani at the instance of her husband Sham Sunder.

(2.) It is alleged in the application that the parties were married on 21st September, 1965 at Amritsar according to Hindu rites ; that they lived as husband and wife and also indulged in cohabitation, but no child was born from their wedlock; that Smt. Kailash Rani had withdrawn from the society of the petitioner-respondent without any reason with effect from 18th September, 1973 without the consent of the petitioner- respondent; that Smt. Kailash Rani had gone to meet her brother-in-law with promise to return within 3/4 days and she took Rs. 150/- for her expenditure as well as ornaments and clothes with the consent of the petitioner respondent and that she also took Rs. 600/- illegally without the consent of the petitioner-respondent.

(3.) Application was resisted by the appellant Kailash Rani and she filed written statement. The allegations in the application were controverted. She denied all the allegations in the application. She further alleged in the written statement that the respondent, Sham Sunder, had been beating her because of the reason that no child was born from her and on account of this she was turned out by her husband after severe beating without any fault on her part. The parties contested on the following issues: