NARINDER KUMAR SHARMA Vs. CHANDER PRABHA

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and decree dated 5-6-1987 passed by the learned District Judge, Jalandhar, whereby it had dismissed the petition under Section 9 of the Hindu Marriage Act (for short 'the Act') for restitution of conjugal rights filed by the appellant-husband. The brief facts leading to the filing of the present appeal are ;

(2.) THAT the appellant filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights on the basis that his wife Smt. Chander Prabha has walked out of her matrimonial house on 5-3-1984 without any reasonable cause. Despite his repeated requests to bring her back she has not rehabilitated. It was urged in the petition that the respondent-wife was proud of the richness of her father and did not like the standard of living of her in-laws family. Even she was not performing her domestice duties as a wife and had no respect for the appellant's parents. It was on 5. 3. 1984 when the appellant was away to attend to his professional duties, that the respondent-wife left for Delhi on the pretext to see her father, but she did not return to her matrimonial house despite several efforts to bring her back. In this manner, she has deserted appellant without any reasonable cause.

(3.) THE case of the respondent-wife on the contrary is that it was the greed of the appellant and his parents which compelled her to walk out from the matrimonial home. The learned Trial Court framed as many as four issues. The learned Trial Court on consideration of the entire evidence led by the parties reached to the conclusion that the petition is mala fide one, as alleged in the written statement, that the respondent withdrew from the society of the petitioner on a sufficient cause and that the petitioner is not entitled to a decree for restitution of conjugal rights.