Ajit Singh Bains, J. - (1.) This first appeal is directed against the order of the District Judge, Hoshiarpur, dated 30th Nov., 1967. The brief facts of the case are as under :
(2.) The parties were married in District Lyallpur (now in West Pakistan) in the year 1935 and out of the wedlock a son, named Gian Singh was born. Hazara Singh appellant, who is the husband of the respondent, migrated from Pakistan at the tine of partition of the country and settled in village Thinda, Police Station Mahilpur, while the parents of the respondent settled in village Hdiabad, near Phagwara, district Kapurthala. Hazara Singh filed a petition for restitution of the conjugal rights under Sec. 9 of the Hindu Marriage Act against his wife Amar Kaur in the Court of the District Judge, Hoshiarpur. In the petition, it was alleged that this was his second marriage as his first wife Shrimati Nimmi had died. Out of that wedlock one son, named Tara Singh, and two daughters were horn. After migration, the appellant along with his two sons Gian Singh and Tara Singh and the respondent settled in village Thinda, Gian Singh became - addicted to bad habits and on his instigation Shrimati Amar Kaur withdraw herself from the society of the appellant without sufficient cause nearly four years age before filing the petition. The respondent also impressed upon the appellant to make a gift of half share of the land in Gian Singh's favour and the other half in favour of Tara Singh. As the appellant did not agree to this, the respondent left his house and thereafter resided at Hadiabad with her parents and in spite of his efforts, she did not come back. Ir was in this situation that he filed the application under Sec. 9 of the Hindu Marriage Act for restitution of conjugal rights against his wife. The allegations made in the application were denied by the respondent. The respondent averred in the written statement that the petitioner began to ill-treat her and also beat her off and on about twenty five years ago. Due to the ill-treatment and beatings of the appellant (her husband), she used to weep all the time with the result that she lost her eye-sight and became totally blind and that the appellant did not care for her and forcibly turned her out of his house. She, being an old blind lady, was compelled file a civil suit for arrears of maintenance. During the pendency of the suit, she was also compelled to file an application under Sec. 488 of the Code of Criminal Procedure and then she was allowed र 40.00 per month as maintenance allowance. Even this maintenance allowance was not paid to her and hence she was compelled to file a civil suit again. The respondent also averred in the written statement that she was living in most deplorable conditions having no house to live in and that the present application under Sec. 9 of the Hindu Marriage Act has been filed with a view to further harassing her to get rid of the monthly payment of the maintenance allowance. On the pleadings of the parties, following issues were framed by the trial Judge: 1. Whether the respondent Shrimati Amar Kaur has withdrawn herself from the society of the petitioner Hazara Singh without reasonable excuse ? 2. Whether the petitioner Hazara Singh has treated the respondent Shrimati Amar Kaur with such cruelty as to cause a reasonable apprehension in the mind of the respondent that it will be harmful or injurious for her to live with the petitioner ? 3. Relief.
(3.) The learned District Judge decided issue No. 1 against the appellant and in view of this finding, he dismissed the appellant's application for restitution of conjugal rights. It is against this order of the learned Judge that the present appeal has been filed by Hazara Singh.;