J.V. Gupta, J. - (1.) This appeal arises out of an application filed on behalf of the husband-respondent under section 9 of the Hindu Marriage Act for restitution of conjugal rights.
(2.) The parties to this appeal were lawfully in May, 1967) in accordance with the Hindu rites. There are three sons born out of this wedlock who are now (at the time of this order) aged 11 years, 9 years and 54 years respectively. The application for restitution of conjugal rights was filed on 23rd of Sept., 1977 by the husband-respondent on the allegations that his wife Sheela Bai departed from his house and went to live with her parents years earlier to the institution of this litigation. All his efforts to bring her back to his matrimonial home have proved abortive on one pretext or the other. The wife has his attempts and virtually she has withdrawn from his society without reasonable excuse. In the written statement filed on behalf of the wife-appellant, she has asserted, inter alia, that Phuman Singh, her husband, mal-treated her and turned her out from his house; that he intended marry one Nihalo; that she was, therefore, forced to sue for perpetual injunction from the Court so as to restrain him from contracting second marriage with her, i.e., Nihalo; that on 2nd of May, 1977, she brought a suit for the grant of maintenance allowance to her and her sons against her husband in Civil Court at Zira and that the application for restitution of conjugal rights has been instituted as a counter-blast to her actions claiming maintenance allowance from him. She further alleged that her husband is a man of loose habits and is addicted to wine, opium and other vices and that she apprehends danger to her life in case she is made to reside with him been further pleaded that it is the husband who has withdrawn himself from her society without any fault of her and has turned her out from the house and now he is not ready to take her back.
(3.) On the pleadings of the parties, the following issues were framed:- (1) Whether the respondent (wife) has withdrawn from the society of the petitioner for any reasonable cause ? (2) Relief.;