- (1.) This is first appeal against judgment dated August 4, 1987, of the Subordinate Judge Ist Class, Nawanshahr, exercising the powers of the District Judge under Section 9 of the Hindu Marriage Act, 1955 . Sohan Singh respondent was married to Smt. Jagiro about four years prior to the institution of the petition under Section 9, which was instituted on October 5, 1985. The parties lived together for a period of exceeding three years. No child was born. It was averred by Sohan Singh in his petition that sometime in the middle of April, 1985 Smt. Jagiro (hereinafter referred to 'the wife') left the matrimonial home in his absence alongwith gold ornaments given to her at the time of marriage and without the consent of the husband-petitioner. He requested Smt. Jagiro as also her parents to return to the matrimonial home. Intervention of the Panchayat was also made and ultimately a notice dated August 20, 1985, was sent to the wife, but these efforts etc. produced no result.
(2.) The petition was contested by the wife. She admitted marriage and stated that from the initial days of marriage, the husband and his parents were not satisfied with dowry brought by her. She was ill-treated. In March, 1985 she was given a beating and turned out of the house, telling her that she might not return unless she could arrange to bring adequate dowry. It was also stated that she had filed an application for maintenance under Section 125 of the Code of Criminal Procedure and the present petition was filed afterwards as a counter-blast.
(3.) The learned trial Court framed the following issues :- (i) Whether there are reasonable and probable grounds for the respondent to live away from the society of the petitioner OPR. (ii) Whether the petitioner is entitled for restitution of conjugal rights as prayed for OPA. (iii) Relief. On behalf of the petitioner-husband Gurdial Singh AW-2 was examined, besides the petitioner himself, who appeared as AW-1. The respondent appeared as RW-1 and examined RW-2 Dhian Singh, Sarpanch of the Gram Panchayat of her parental village, and her father RW-3.;