SAROJ BALA Vs. PARDEEP KUMAR DHINGRA

JUDGEMENT

(1.) The appellant-wife by way of this appeal has challenged the judgment and decree dated 31.8.2001 passed by learned Additional Civil Judge (Sr. Divn.) Batala vide which petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 for the restitution of conjugal rights, was ordered to be decreed. The respondent- husband filed petition on the pleadings that the marriage between the parties was solemnized on 22.1.1991. After marriage, the parties cohabited as husband and wife and out of this wedlock, a son namely Sonu was born 12.12.1991 at Fatehgarh Churian. It was the case of the respondent-husband that the appellant-wife without reasonable excuse had withdrawn from society of the respondent and she left the company of the respondent when she was pregnant and had gone to the house of her mother and brother for the delivery of a child. It was also pleaded that at the time of leaving of the house, the appellant-wife took away all the valuable jewellery and costly clothes and thereafter, she did not turn up. It was pleaded that the petition was not presented in collusion with the respondent and that there has not been any unnecessary or improper delay in filing this petition.

(2.) PETITION under Section 125 Cr.P.C. was also filed by the appellant-wife, which was subsequently, allowed against the respondent husband.

(3.) THE application was contested and it was pleaded therein that there is inordinate delay of about eight years in instituting the petition under Section 9 of the Hindu Marriage Act, 1955 for the restitution of conjugal rights.