HARDEEP SINGH INDER SINGH Vs. DALIP KAUR

JUDGEMENT

(1.) SHRI Hardip Singh has filed this appeal against the order dated 13-8-1968 of shri Madan Lal Singhal, Sub Judge 1st Class, Barnala, whereby his petition under section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights against his wife Smt. Dalip Kaur alias Tej Kaur respondent was dismissed, leaving the parties to bear their own costs.

(2.) A marriage between the parties had been solemnized 10-11 years ago and they had lived together as husband and wife until about 10 months before the filing of the petition in March, 1967. Two male children had been born during the wedlock and they are at present in the custody of their mother. The parties have given different versions as to the reasons that led to their separation after they had lived together for about 10 years and had been blessed with two male children. According to the appellant, his wife had left the house with the children as she wanted him to set up a house separate from his parents and that he had declined to do so. The respondent's case is that her mother-in-law was harassing her all the time and used to threaten that she would prevail upon the appellant to marry again and that she had been turned out of the house after being given a beating. She offered to come back to her husband's house if he separated from his parents.

(3.) THE pleadings of the parties had given rise to the following two issues:-- (1) Whether the respondent has withdrawn from the society of the petitioner without reasonable cause or excuse? (2) Whether there is no legal bar to the granting of the petition? the learned trial Judge had found, inter alia, that the respondent was not pulling on very well with her mother-in-law and that the appellant was compelling her to live in his parental house where it was difficult for the respondent to live in peace. The fact that the appellant had not sent his wife and children any maintenance or expenses for about 4 years had also influenced the decision. There was no clear finding that the wife had ever been beaten or otherwise cruelly treated. The respondent was therefore, found to be justified in withdrawing from the appellant's society.