SITAL DASS Vs. SMT. VIJAY KUMARI

JUDGEMENT

(1.) THIS F.A.O. is directed against judgment and decree dated 28th March, 1985, of Subordinate Judge, 1st Class, Garhshankar, dismissing husband's petition under section 9 of the Hindu Marriage Act, 1955 (for short 'the Act')

(2.) THE facts necessary for the disposal of this appeal may be briefly stated.

(3.) THE petition was contested. In the written statement a number of prelim nary objections were taken. It was stated that the petitioner had no cause of action; and that the petition was barred by res judicata. On merits, it was denied that the respondent was ever married with the petitioner. It was pleaded that in fact the real elder sister of the respondent named Birjo was married to the elder brother of the petitioner named Shambu Dass Shambu Dass used to beat Birjo and demand dowry. His demand could not be satisfied. Shambu Dass then started harassing the father of the respondent. Shambu Dass along with the petitioner Sital Dass forcibly took away the respondent as well as elder sister Birjo from their father's house. Respondent's father filed two criminal complaints in the Court of Judicial Magistrate, 1st Class. Nawanshehr and also made an application under section (sic), Code of Criminal Procedure, in the Court of Sub - Divisional Magistrate, Garhshankar He also made several complaints to the Senior Superintendent of Police, Jullundur and other concerned authorities, but to no purpose. The petitioner and his brother failed all attempts of the father of the respondent in recovering the respondent. Ultimately the respondent was traced out and recovered and since then she had been living with her parents. It was also pleaded that the respondent had been married to Joginder Ram son of Bhana Ram, Ad Dharmi of village, Rurki Khas and from their wedlock a daughter was born to her, who died immediately after her birth. It was further pleaded that in the absence of marriage with the petitioner, there was no question of withdrawal from his society.