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2009 Supreme(P&H) 122

S.D.ANAND
Balbir Kaur – Appellant
Versus
Charanjit Singh – Respondent


Judgment

S.D.Anand, J.

1. The respondent-husband filed a plea under Section 9 of the Hindu Marriage Act (hereinafter referred as "the Act") for restitution of conjugal rights on a pure and simple averment that the appellant-wife had withdrawn from his conjugal company without any reasonable cause.

2. The allegations of the appellant-wife at the trial were as under :-

Mst. Surjit Kaur, a sister of father of the appellant-wife, also got married to Lachman Singh, a real brother of the respondent-husband. That marriage had taken place on the very day the parties to the present cause got married. Mst. Surjit Kaur was maltreated by Lachman Singh aforementioned who (Lachman Singh) obtained an exparte decree of divorce against Mst. Surjit Kaur. That decree was obtained on the basis of factual misrepresentation. A revision petition filed by Mst. Surjit Kaur against the exparte decree of divorce is pending consideration at the hands of the District Judge, Bathinda. When the appellant-wife indicated a grievance in that behalf, the respondent-husband belaboured and turned her out of the matrimonial house in three bare clothes. She is putting up thereafter at her natal house.

3 The respondent-hu





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