GURMEJ SINGH Vs. JASBIR KAUR

JUDGEMENT

(1.) THIS appeal of Gurmej Singh is directed against the judgment of the learned District Judge, Shri Ganganagar dated 23rd August 1974 granting a decree for the restitution of conjugal rights in favour of the wife against her husband appellant.

(2.) MST . Jasbir Kaur was married to the appellant Gurmej Singh on 6th January, 1969. She was taken after marriage the village Bhuttawali, where Gurmej Singh used to live, and where she stayed for night. It is said that according the customs prevalent among the parties, she was back to her father's house. According to the averment made by Mst. Jasbir she was again taken to Bhuttawali where she stayed for 3 months. During this brief stay she experienced that she was not welcomed by the parents of the appellant because they were of opinion that the adequate dowry was not brought by Mst. Jasbir Kaur. Gurmej Singh, it appears, in the beginning was willing to bring Mst. Jasbir Kaur from her father's house as apparent from the letter Ex. A. 1(C) written by Gurmej Singh to the brother of Mst. Jasbir Kaur but later on he also fell in line with his patents and withdrew himself from the company of his wife and refused to bring her to his house inspite of all the efforts made by or on behalf of Mst. Jasbir Kaur. She therefore, field an application under Section 9 of the Hindu Marriage Act praying for a decree for restitution of conjugal rights. The suit was filed on 19th August 1972.

(3.) THE trial court after recording the evidence on behalf of both the parties came to the conclusion that the plea of fraud taken by Gurmej Singh appears to be a false story based on fraud itself and therefore, passed a decree in favour of Mst. Jasbir Kaur for the restitution of conjugal rights.