J.V. Gupta, J. - (1.) This appeal is directed against the order of the Additional District Judge, Ludhiana, dated May 30, 1986, whereby the petition filed by Jaswinder Singh, the appellant husband against his wife Joginder Kaur, respondent, under section 9 of the Hindu Marriage Act, for the restitution of conjugal rights, was dismissed.
(2.) The marriage between the parties was solemnised on Sept. 22, 1982, at Ludhiana. Out of this wedlock, a daughter was born on Oct. 29, 1983 who died on Dec. 15, 1983. According to the appellant, after the marriage, the behaviour of the respondent became indifferent. She started picking up quarrels on trivial matters and often coerced him to live separately from his parents and other family members. He told her that it was not possible for him to separate from his parents because he owned certain obligations towards them. Despite this, her behaviour did not change. On many occasions, she even refused to cook food and discharge her marital obligations. On Aug. 23, 1983, the respondent told him that she wanted to go and to live with her parents for some days. She was allowed to go. She took away the jewellery and ornaments also. After 15 days, the appellant went to bring her back, but he was told that as she was pregnant and under custom first child was to be delivered at the house of her parents, she was not sent back. She delivered of a female child on Oct. 29, 1983. The appellant and his parents took customary gifts for the child, but the respondent and her parents refused to accept the same. They were insulted and were turned out of the house telling that the respondent would go to Ludhiana with the appellant only if he separated from his parents. On Dec. 15, 1983, the new born child died, but no massage was sent. Having come to know about it, the appellant and his parents went for condolence, but they were insulted and turned out of the house by the respondent and her parents. As she had withdrawn from the society of the appellant without any reasonable cause, the present petition for restitution of conjugal rights was filed. The petition was contested on the plea. that the respondent's father had spent Rs. 53,000.00 on the marriage, but the appellant and his parents were greedy persons and were not satisfied with the articles of dowry. They demanded a motor-cycle and a T.V. set which her parents could not afford. This was the cause of cruel treatment mated out to her by the appellant and his parents. In July, 1983, she was pregnant and under the influence of liquor, the appellant beat her. She was turned out of the house in three clothes. Since then, she had been living with her parents because before filing the petition the appellant had never cared for her welfare nor sent any maintenance. The appellant or his parents did not care to come to see the child or to offer condolence on her death. Panchayats were taken by the respondent and her parents for her re-settlement, but the appellant refused to keep her as his wife unless and until their demand for a motor-cycle and a T.V. set was met.
(3.) On the appreciation of the entire evidence, the learned trial Court came to the conclusion that the appellant treated the respondent with cruelty when she could not bring a motor-cycle and a T.V. set from her parents. She was turned out of his house in July, 1983, after giving her severe beating. Therefore, she had a reasonable cause to withdraw from his society who had been proved to be a drunkard. In view of these findings, the petition was dismissed.;