Gurnam Singh, J. - (1.) On the petition filed by Ajodhya Parkash against his wife Smt. Kailash Wati under section 9 of the Hindu Marriage Act, Subordinate Judge 1st Class, Phillaur passed a decree in his favour for the restitution of conjugal rights against her on 5-2-1973. Against the order of the learned subordinate Judge, Kailash Wati has filed this appeal.
(2.) The parties were married on 29-6-1964 at village Bilga, tehsil Phillaur. At the time of her marriage Kailash Wati was employed as a teacher at Bilga while Ajodhya Parkesh was posted as a teacher Kotlse Khan Ajodhya Parkash got Kailash Wati to transferred to Kotise Khan and they stayed there together for 8/9 months. Thereafter Kailash Wati managed to get herself' transferred to Bilga and did not come to Ajodhya Prakash in spite of hi, requests. Consequently Ajodhya Parkash filed the petition for restitution of conjugal rights on 4.11.1971, alleging that she has withdrawn from his society without any reasonable cause.
(3.) Kailash Wati contested the petition on the ground that she was living separately from her husband under unavoidable circumstances being a Government servant and, therefore, it cannot be said that she had no reasonable excuse for withdrawing from his society. She further pleaded that it she had never refused to go to the petitioner. The trial Subordinate Judge tried to effect conciliation between the parties but they did not come to any terms and, therefore, the following issues were framed:- 1. Whether the respondent has withdrawn from the society of the petitioner without reasonable excuse? 2. Relief. The fasts of the case are not much disputed. Ajodhya Parkash wants that as his domestic it has been ruined, his wife should leave her job and live with him. On the other hand the appellant is not prepared to leave the service but is agreeable to live with him at any place provided she is not to leave her service. Thus it is to be seen as to whether the wife is justified in refusing to give up her job and whether he. conduct amounts to withdrawal from the society of her husband without reasonable excuse.;