GURPREET SINGH Vs. LAKHVIR KAUR

JUDGEMENT

(1.) This appeal has been preferred by appellant-husband challenging the judgment dtd. 21/11/2018 passed by Additional Civil Judge (Sr. Divn.), Fazilka vide which the petition filed by him under Sec. 9 of the Hindu Marriage Act, 1955 ('Act' for short) for Restitution of Conjugal Rights, was dismissed.

(2.) The brief facts of the present case are that marriage of the appellant was solemnized with the respondent in the year 2007 by way of Anand Karaj ceremony. Out of the said wedlock, one child, namely, Ukardeep Singh @ Harmandeep Singh was born. It has been stated that immediately after marriage, the respondent-wife started quarrelling on petty matters and also abused the family members without any reasonable cause. Later, the respondent-wife withdrew from the society of the appellant husband without any sufficient cause. She had left the matrimonial home with her father Hardev Singh on the pretext that after two days, she will return. While leaving her matrimonial home, the respondent-wife took the golden and silver ornaments and costly clothes along with Rs.5,000.00. After few days, the appellant went to his in-laws' house and requested the respondent to join her matrimonial home but respondent and her family members refused to send her and told the appellant to first get his share of the property from his father and to settle at Fazilka City after selling the said property. Thus, in this way, the respondent-wife had left the conjugal society of the appellant, without any excuse or cause.

(3.) In reply, respondent had admitted her marriage with the appellant but it was averred that the appellant and his family members were greedy persons and after marriage, they had started demanding dowry. It was further averred that her parents had convened several panchayats and requested the appellant to allow the respondent and her son to live in the matrimonial home but, the appellant and his family members were adamant on their demand for a car to which the respondent-wife and her family did not accede.