FARDYAL SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) This is an appeal by the husband in a matrimonial cause against the judgment and decree of Sub Judge Ist Class, sangrur. dated April 11, 1978.

(2.) The petition giving rise to this appeal was filed by the appellant under Section 9 of the Hindu Marriage Act, 1955 (hereinafter called the Act) for restitution of conjugal rights on the ground that the wife has withdrawn from the society of the husband without any reasonable use. The petition was opposed by the wife who apart from controverting the averments made in the petition pleaded that she has been treated with cruelty by the husband and was, therefore, entitled to live separately. The trial court, after recording the evidence of the parties, upheld the plea of the wife and rejected the petition.

(3.) In this appeal, the respondent wife has moved an application (Civil Misc: No. 194-C-II) under Order 6, rule 17 of the Code of Civil Procedure for an amendment of the written statement so as to make counter claim for the grant of a decree of divorce on the ground of cruelty and desertion. This application is not opposed by the appellant and is consequently allowed.