ISHWARI DEVI Vs. MATHRA DAS

JUDGEMENT

(1.) This first appeal is directed against the judgment dated the 31st of December, 1966, of Shri Autar Singh Sohal, Subordinate Judge 1st Class, Malerkotla, granting the respondent's application for a decree for restitution of conjugal rights against the appellant who is his wife. That application was instituted on the 29th of March, 1965, with these allegations. The marriage of the parties was solemnised at Pahal Kalan, Tehsil Rajpura, District Patiala, in the month of Asarh, 2014 Bk. whereafter they lived as husband and wife at Malerkotla. The appellant gave birth to a daughter who lived only for four days. About four years prior to the commencement of the present litigation between the parties, the appellant went to her parents and did not return to the respondent thereafter so that she had withdrawn from the society of the husband without any just cause or reasonable excuse. The respondent tried his level best to bring the appellant back to his house but all his attempts in that connection proved abortive.

(2.) It was prayed by the respondent that he be granted a decree for restitution of conjugal rights against the appellant.

(3.) In her written statement the appellant admitted the factum of the marriage but denied its date which according to her, was 27.2.2011 Bk. She stated that after their marriage the parties resided at Malerkotala only for 2 or 3 years and that for the rest of their married life which covered a period of no less than 7 or 8 years and not merely 4 years as asserted by the respondent the appellant, had been forced to live with her parents which was soon after she was struck with a serious malady resulting in both her legs being incapacitated. It was pleaded that during the said period of 7 or 8 years the respondent completely abandoned her, left her at the mercy of her parents and never provided her with any necessities of life. According to the appellant, it was the respondent who had shunned her society "with some incomprehensible and ulterior object."