A wife who deserts her husband without any reasonable cause or excuse can be ordered to return to the matrimonial home through a decree for restitution of conjugal rights.

Sarojnei Saksena, J.

1. The appellant-wife has challenged decree passed against her in Hindu Marriage Case No. 32 of 1986 filed under Section 9 of the Hindu Marriage Act (hereinafter referred to as the Act).

2. The respondent-petitioner filed a petition under Section 9 of the Act alleging that he was married to the appellant on 18.2.1980. After marriage they lived together for about five years peacefully. She gave birth to a son on 8.2.1984. Respondents father advanced Rs. 10,000/- to the appellants father as a loan in the month of July, 1982. When respondents father demanded this amount in January, 1985, appellants father became annoyed. In February, 1985 appellant was called back from the matrimonial home to the appellant home, she was not sent back. The respondents brother went to her parental home to bring her back but she declined on the excuse that the child is ill. In July, 1985 again, the respondents father went to bring her back but the appellants father refused to send her and refused to repay the loan also. The respondent convened panchayat to bring her back but all proved futile. On 24.11.1985, appellants father filed a false complaint against the respondent, his father and his uncle under Section 107/ 151 Cr.P.C. They were discharged on 16.4.1986 as the appellant gave a statement that the complaint was filed on the basis of some misunderstanding. The respondent filed a petition under Section 9 of the Act, which was compromised and the appellant went to reside in the matrimonial home. But again in May, 1986, appellants father came to her matrimonial home, demanded some amount from the respondent and on his refusal he threatened him to involve in some false case. Thereafter, he obtained warrant under Section 97 Cr.P.C. from the Court of Sub- Divisional Magistrate, Siwani. In compliance thereof the appellant was produced before the Magistrate. She gave a false statement at the instance of her father and went to her parental home. Thus, she has withdrawn from his society without any reasonable cause or excuse.

3. The appellant filed written statement and denied all the allegations that she has deserted her husband or her father has obtained a loan of Rs. 10,000/- from his father. She also denied that any Panchayat was convened for reconciliation. She admitted that proceedings under Section 107/151 Cr.P.C. were initiated against her husband, father-in-law and uncle-in-law. She was/is always ready and willing to reside with the respondent. She was given merciless beating, then when she sent information regarding her mal-treatment to her father, he obtained warrant under Section 97 Cr.P.C. Since then she is residing in her parental home. Thus, she was forced to leave the matrimonial home and to take shelter in her parental home.

4. Issues were framed. Respondent examined himself and his witnesses who were cross-examined by the appellants Counsel. But in rebuttal the appellant failed to adduce any evidence. On a minute scanning of the evidence on record, the Trial Court came to the conclusion that the respondent is willing to keep his wife but the appellant is not joining him. She has withdrawn from his society without any sufficient cause. On the basis of this finding decree for restitution of conjugal rights was passed.

5. Appellants learned Counsel submitted that the appellant filed a petition under Section 125 Cr.P.C. Earlier the respondent filed a petition under Section 9 of the Hindu Marriage Act. In that case both the parties compromised on 28.3.1986. The compromise order is at Ex. P-l. As per compromise, the respondent withdrew his petition and, thereafter, she went to live with her husband but again she was given merciless beating. She sent information to her father, who obtained search warrant under Section 97 Cr.P.C. and thus she was recovered from her husbands house. Since then she is living in her parental home. Now again on 5.8.1986, the respondent has filed this petition under Section 9 of the Act.