J.M. Tandon, J. - (1.) Surjit Kaur appellant and Mohinder Singh respondent were married in 1964. The appellant gave birth to a son in 1965 and to a daughter in 1967. Both the children are alive. In Nov., 1979, the respondent filed a petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act against the appellant alleging that the latter had withdrawn from his society since April, 1979, without any reasonable excuse. The efforts made by him to bring her back had failed.
(2.) The appellant contested the petition of the respondent averring that the latter indulged in bad habits. He gambled and took opium and other intoxicants. He gave her beating and compelled her to bring more money from her parents. In about March or April, 1979, the respondent turned her and her children out of his house. The trial Court framed the following issues:- 1. Whether there are sufficient grounds for the respondent (now appellant) to withdraw from the society of the petitioner (now respondent) ? 2. Relief.
(3.) The trial Court found issue No. 1 against the appellant and consequently accepted the petition of the respondent under section 9 of the Hindu Marriage Act vide order dated March 14, 1980. It is against this order that the present appeal is directed.;