JASWANT KAUR Vs. JAGAT SINGH

JUDGEMENT

(1.) Jaswant Kaur appellant and Jagat Singh respondent were married on June 6, 1971. The appellant gave birth to two sons from the respondent on August 2, 1972 and July 3, 1974 respectively. On April 14, 1975, the respondent filed a petition for restitution of conjugal rights against the appellant alleging that she left his house in January, 1974, on the pretext of meeting her relations at the house of her father in village Bhalyan and did not return there after in spite of all efforts to bring her back. He did go to the house of the appellant's father in the end of January, 1975, to bring her back, but she refused to accompany him because he worked as a sales-man on a shoe shop. He again took a panchayat in September, 1974, but the parents of the appellant refused to send her. Further attempts for the same purpose also failed. He, therefore, prayed for a decree for conjugal rights against the appellant.

(2.) The appellant in her written statement denied that she did not like the job or the status of the respondent. She alleged that she was mal-treated by him because she had not brought good dowry. She was compelled to pressurise her father to give money and other gifts She was given severe beating in February, 1972 and in September, 1973 by the respondent because she did not succumb to his pressure. For the same reason she was turned out of the house by the respondent on December 30, 1973. She was carrying a minor child in her laps and was also pregnant at that time. She filed a petition for maintenance under Section 125 Criminal Procedure Code and the petition for restitution of conjugal rights had been filed to counter-act it. The trial court framed the following issues: Whether the respondent has withdrawn from the society of the petitioner with reasonable excuse ? If not, to what effect ? The trial court found the issue in favour of the respondent and granted him a decree for restitution of conjugal rights against the appellant. It is against this order that the present appeal is directed.

(3.) The appellant appeared as her own witness and stated that after two months of her marriage the respondent started ill treating and beating her because she had brought less dowry. He demanded more money from her parents. Her father paid Rs 1,000/- to the respondent when she was finally turned out by the respondent after being given a beating in December, 1973 At that time her minor child was 1-1/4 years old and she was pregnant. She give birth to the second child at her parents' house. A message about the birth of the second son was sent to the respondent, but he or his parents did not come to see the child. She was prepared to reside with the respondent as his wife. The respondent was not willing to take her hick as he intended to effect a second marriage. The respondent demanded money through her and not directly from her father. A panchayat went to the respondent in 1974 after the birth of the second child to pacify him. The Panchayat consisted of her father, Surat Singh, Sarpanch, Naranjan Singh and Sarwan Singh Panches, her maternal uncle Labh Singh and Mohan Singh. She did not accompany the Panchayat. The appellant was subjected to lengthy cross-examination on July 25, 1977 and in the end she stated that she was not ready to go with the respondent as she apprehended anger to her life even if he gave surety and security of her life. This part of her statement was obviously made in anger and under stress of cross-examination. She had already stated in her examination-in-chief that she was prepared to reside with the respondent as his wife. She was again recalled for further examination on March 13, 1978. She again stated that she was ready to go and reside with the respondent along with her children. She further stated that she had filed a petition for maintenance under Section 125 Criminal Procedure Code on March 25, 1975 (The respondent filed the petition for restitution of conjugal rights on April 19, 1975).