DALJIT KAUR Vs. BALWANT SINGH

JUDGEMENT

(1.) THIS is a wife's appeal Under Section 28 of the Hindu Marriage Act 1955, hereinafter referred to as the Act, against the judgment dated October 31, 1979, of the learned District Judge, Ganganagar under which he allowed the application Under Section 13 of the Act of the Respondent Balwantsingh filed by him against the appellant.

(2.) THE marriage of the appellant with the Respondent Balwant singh took place on Fagun Samvat 2021 in accordance with Sikh religion. After the marriage both lived together at Chak No. 172 at the house of the Respondent, but some time in the month of September, 1965, the appellant is said to have left the respondent and went to the house of her parents and did not return. A petition Under Section 9 of the Act for restitution of conjugal rights was filed by the respondent against the appellant and that miscellaneous petition No. 7 of 1968 was later on compromised and the appellant started living with the Respondent.

(3.) THE application was contested by the applicant mainly on the two grounds that she did not bring enough dowry in the marriage and she wascalled upon by the Respondent and his mother to bring Rs. 10,000/ - by way of dowry and they used to treat her with cruelty. The learned trial court on the pleadings of the parties framed the following issues: