A.D.Koshal, J. - (1.) THIS is an appeal by Shrimati Mohinder Kaur challenging a decree for restitution of conjugal rights passed against her by Shri Raj Kumar Sharma Senior Sub -Judge. Sangrur, at the instance of Major Singh Respondent who claims to be her husband.
(2.) THE proceedings were initiated by the Respondent through a petition under Section 9 of the Hindu Marriage Act containing these allegations. The Appellant was married to the Respondent in the year 1959 A.D. The muklawa ceremony was performed three years later and the parties lived and cohabited with each other at village Kahangarh till July, 1963, when the Appellant went away to her parental home at village Kakrala whereafter she never returned. The case put forward by the Appellant was that she never married the Respondent and that, therefore, no question arose of her withdrawing from the Respondent's society.
(3.) THE pleadings of the parties gave rise to the following issues: 1. Whether the Petitioner was married to the Respondent ? 2. Whether the parties last resided as husband and wife at village Kahangarh ? 3. If issue No. 1 is proved, whether the Respondent has without reasonable excuse withdrawn from the society of the Petitioner ? 4. Relief. After a detailed discussion of the evidence, the trial Court held that the alleged marriage stood proved and the parties last resided as husband and wife at village Kahangarh in the year 1963. It was also found that the Appellant had deserted the Respondent without any justification. All the issues were thus decided against the Appellant resulting in the impugned decree.;