- (1.) This is first appeal filed by Daljit Singh against his wife, Paramjit Kaur directed against the order of Shri Harnarain Singh, Additional District Judge, Barnala dated February 28, 1969.
(2.) The facts leading to this appeal are as under :- In November, 1958, Dalip Singh married Paramjit Kaur. As a result of the wedlock, a son, Mewa Singh by name, was borne to them. They continued living together upto October, 1966. Petition under Section 9 of the Hindu Marriage Act, 1955 was made by appellant on August 9, 1968 alleging that the respondent had left the house of the appellant and started living first in the house of her brother at Rajgarh and later on at Kalyan in the district of Patiala, where his father Sadhu Singh is a Sewadar in the Gudwara. He stated in that petition that in spite of attempts made to persuade her to come back and live in the house of the appellant, she refused to do so. In reply, the respondent admitted the fact of the marriage between her and the appellant and also the fact that Mewa Singh had been born as a result of their wedlock. She, however, averred that the appellant started constantly pressing her to bring more dowry from her parents and her inability to accede to that dowry reasonable demand; he began beating and maltreating her. On the pleadings of the parties, the following issues were struck :- (1) Whether the respondent has withdrawn from the society of the petitioner without just cause ? (2) Whether the petitioner is guilty of cruelty ? (3) Whether there is delay in filing the petition ?
(3.) Shri Daljit Singh appearing on behalf of the appellant has contended that only question that arises in the case is as to whether the respondent has withdrawn from the society of the appellant without just cause.;