BALBIR KAUR Vs. CHARANJIT SINGH

JUDGEMENT

(1.) THE respondent-husband filed a plea under Section 9 of the Hindu Marriage Act (hereinafter referred as "the Act") for restitution of conjugal rights on a pure and simple averment that the appellant-wife had withdrawn from his conjugal company without any reasonable cause.

(2.) THE allegations of the appellant-wife at the trial were as under :-

(3.) IT is apparent from the record that appellant-wife does not dispute having withdrawn from the conjugal company of the respondenthusband on her own. However, she pleaded that she had parted company with respondent-husband for a sufficient cause inasmuch as she had been belaboured and turned out of the matrimonial house when she made a grievance of the fact that Lachman Singh (a real brother of respondent-husband) had obtained an exparte decree of divorce (against her father's sister) on the basis of factual misrepresentation.