SATISH KUMAR MITTAL, J. - (1.) THE instant appeal has been filed by Gurmit Singh (husband) against the judgment and decree dated 2.8.1999, vide which his petition under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for restitution of conjugal rites (rights ?) was dismissed by the learned Additional Civil Judge (Senior Division), Abohar.
(2.) IN his petition, the appellant alleged that his marriage with the respondent, Veerpal Kaur (wife), was solemnized in the year 1994. In the year 1996, a male child as born from this wed-lock. It was alleged that the respondent is a hot tampered lady and just after about for months of the marriage, she started insulting the appellant and his parents. It was further alleged that she had been insisting that the land belonging to his brother, namely Gurbir Singh, who is issueless, should be transferred in the name of her son. When the demands of the respondent were not fulfilled, she left the matrimonial house on 30.8.1996 and took away all the valuable articles and clothes with her. The appellant further alleged that when he alongwith his parents and Panchayat of the respectables of the village visited the house of respondent to bring her back, the respondent refused to resume to co- habitation and insulted him and his parents. The respondent and her parents also repeated their demands for transfer of agriculture land owned by the aforesaid Gurbir Singh in the name of the son of the parties. The brother of the appellant did not agree for the same, thereupon, the respondent refused to join the matrimonial home. Pursuant to the notice, respondent appeared and contested the aforesaid petition filed by the appellant and denied the allegations levelled by him. She pleaded that the appellant and other members of his family used to maltreat her in order to pressurise her to bring more dowry. On 7.9.1996, she was beaten by the appellant, his mother and sister and thereafter, she was turned out of the matrimonial home. In this regard, she lodged an FIR with the police. She pleaded that the appellant and his family members were demanding Rs. 50,000/- as dowry. She has further pleaded that her parents had taken Panchayat consisting of the respectables to persuade the appellant to keep and maintain her and her minor son, but the appellant and his parents refused to keep and maintain them. Thereupon, she was compelled to file application under Section 125 of the Cr.P.C. It has also been pleaded that the petition under Section 9 of the Act has been filed by the appellant as a counter-blast to the criminal proceedings initiated by the respondent against him.
(3.) THE learned trial court, after recording the evidence of both the parties and hearing counsel for the parties, dismissed the petition filed by the appellant while holding that the appellant was responsible for the separation of the wife as he caused injuries to her and did not make any effort to pacify her and bring her back to the matrimonial home. Instead of making efforts for rapproachement, he filed the petition under Section 9 of the Act with intent to save himself from criminal case launched against him under Section 325 IPC. It was held that the appellant was not sincere and he did not make any sincere effort to bring back the respondent to the matrimonial home.;