AJIT SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) This is an appeal against the order dated 11th February, 1961, of the learned Senior Subordinate Judge, Jullundur, dismissing the application dated 27th October, 1960, of Ajit Singh for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 .

(2.) According to the allegations of the petitioner the marriage between him and Smt. Surjit Kaur, respondent, took place on 11th December, 1950 at village Gurhyal, District Jullundur. She was taken away by her father about four years before the institution of this petition, when the petitioner was away on service, on the pretext that she would be living with her parents for some time and since then she had not returned in spite of the fact that he had gone to fetch her a number of times. According to him, she had withdrawn from the society of the petitioner without any reasonable excuse.

(3.) This petition was contested by Smt. Surjit Kaur, who pleaded that since no child was born to her, she was treated with cruelty, beaten and maltreated and then turned out of the house by the petitioner and his mother. The petitioner refused to take her back in spite of repeated requests by the respondent, he brother and her father. Even the requests made to the petitioner before the Panchayat were turned down by him. Thereupon, on 7th September, 1960 she filed an application for maintenance under Section 488 of the Code of Criminal Procedure and the present petition had been filed by the husband with the ulterior motive of counteracting her petition for maintenance. She apprehended serious danger to her life and limb at the hands of the petitioner. It was also averred that there had been gross delay in the filing of the petition.