RUKMAN KANTA Vs. FAQUIR CHAND LABHU RAM

JUDGEMENT

(1.) THIS is an appeal of Rukman Kanta against whom a decree for restitution of conjugal rights under section 9 of the Hindu Marriage Act 1955 has been granted at the instance of her husband faquir Chand by the learned District Judge of Ferozepore.

(2.) THE parties were married at Jagraon on 27th of September 1952. The petitioner Faqir Chand at that time was a Head Constable in the Police force. Faquir Chand and his wife lived together as husband and wife at Amritsar. Jullundur, Ferozepore, Jagraon and Moga. In the year 1954, faquir Chand got involved in a criminal case of embezzlement of a sum amounting to Rs. 1,300. He was told that if he would deposit this amount no harm would come to him. He approached in the first instance his father-in-law Harbans Lal R. W. 2, through his wife and Krishan Lal his wife's brother. Faquir Chand's request for funds from that quarter did not meet with success and he had to make approach for this purpose elsewhere. He did ultimately succeed in raising the money but all the same he was convicted of the offence under S. 409 I. P. C. , though the sentence ultimately in appeal was reduced to a fine of Rs. 250. This incident completely wrecked his married life. He felt embittered that his request for money had been turned down by his wife's people. He took back the ornaments which he had given to his wife at the time of marriage and by selling them raised a portion of the funds which he required to pay off in the embezzlement charge. The marital life of the parties was discontinued after July 1954 when the husband sent his wife of Jagraon in the Company of her brother to persuade her father to advance him a sum of Rs. 1, 300. After the criminal case had been settled the parties again resided for some time at Moga till September 1956. The wife then left for jagraon to live with her parents while Faquir Chand accepted private employment as a commission agent to sell dhoop at Ferozepur.

(3.) FQUIR Chand brought the present application for restitution of conjugal rights on 19-12-1957 making an allegation that his wife would not reconcile herself to live in the changed circumstances of his comparatively humble status of a private employee. The petition is being opposed by the wife, who has made allegations of "cruel, unsympathetic and offensive treatment" by the husband towards her. It was stated that he "filthily abused and mercilessly beat her during the period she lived with him and never cared for her when she fell ill. " According to the wife, he is addicted to gambling and drinking and is a reckless spendthrift. She further alleged that the husband had always been trying to extort money from her father on some pretext or another. It was stated that a telegram was sent by Faqir Chand to the wife's brother on 28th of july, 1954 saying, "reach first train Thursday" with the object of using his good offices to persuade the father to give financial assistance. As she and her brother were not able to obtain this money from their father he sent a letter on 12th of August, 1954 severing all connections with her and her parents. Later, he executed a receipt on 29th of September, 1954, in favour of the wife saying that he had received all the ornaments which he had presented to her at the time of marriage. According to the wife she was thus deserted by her husband in September, 1954. It is not denied that in early 1956, the petitioner came to Jagraon and asked for forgiveness from her father for his past conduct. On this assurance to her father, the respondent accompanied her husband but during her stay with him she found him to be again "cruel, callous and mercenary". He kept on pressing for money and gave her a beating and snatched her Mattar Malla which had been given to her by her parents. Ultimately, according to the wife, she was turned out by her husband in June 1956 at moga.