Non-disclosure of causes of estrangement in a petition for restitution of conjugal rights is not a sufficient ground for rejecting the petition, if the offending spouse has not been able to establish a reasonable cause justifying his/her withdrawal from the society of the other spouse.

Sukhdev Singh Kang, J.

1. This is a husbands appeal against the judgment and decree of the learned Single Judge of this Court accepting the appeal of the respondent-wife against the judgment and decree dated August 1, 1979, of the learned trial Judge granting the petition of the appellant-husband Swaran Singh and passing a decree of restitution of conjugal rights in his favour and against the respondent-wife.

2. Swaran Singh, appellant (hereinafter referred to as `the petitioner) filed a petition under Section 9 of the Hindu Marriage Act (for short `the Act) against his wife Jasmel Kaur, respondent, on the allegations that the parties were married on June 9, 1967 and a son was born out of this wedlock. In early 1977, the respondent went to her parents house with avowed purpose of meeting them. She took along her son. She also took away the clothes and ornaments. When she did not return for some time, the petitioner went to his in laws place and asked the respondent to accompany him. The respondent refused. Thereafter, the petitioner took panchayat but the respondent refused to come and live with the petitioner and her father declined to send her to her in-laws place. Since the respondent had withdrawn from the petitioners society without reasonable excuse he filed a petition under Section 9 of the Act for a decree for restitution of conjugal rights.

3. The wife resisted the petition. In her written statement she admitted the factum of marriage and the birth of a son. She denied the other allegations and put a counter version. She pleaded that in 1971, the petitioners father had obtained a loan of Rs. 5,000/- from her father. Sometimes thereafter the petitioners father acquired Rs. 45,000/- by selling her sisters land. The respondent requested the petitioner that the loan advanced by his father should be paid back. This infuriated the petitioner who started maltreating her and turned her out of his house. Her father took the respondent along with the respectables of the village, named Bachan Singh and Gajjan Singh to village of the petitioner. Kartar Singh, who was the match-maker was joined there. They all went to the house of the petitioner. On the persuasion of these persons, the petitioner agreed to keep the respondent but shortly thereafter he started maltreating and beating the respondent and turned her out of his house.

4. From the pleadings of the parties, the learned trial Judge framed the following issues :-

(1) Whether the present petition has been made as counter-blast to the petition made under Section 125, Code of Criminal Procedures moved by the respondent ?

(2) Whether the respondent has withdrawn from the society of the petitioner with any efficient cause.

(3) Whether this Court has got no jurisdiction to entertain this petition ?

5. The petitioner stepped into the witness-box and supported the plea taken in his petition. He also stated that the respondent used to persuade the petitioner to start living separately from his parents. He could not agree to this suggestion. For this reason, the respondent has gone away to her paternal home and is not coming to reside with him. He had himself gone to the petitioners house and tried to persuade her and had also taken a Panchayat consisting of Jit Singh (PW-2), Nikka Singh (AW-3) and Magher Singh (AW-4), but the respondent refused to come with the petitioner and her father did not agree to send her.

6. On the other hand, the respondent supported the version in the written statement. She further deposed that the petitioner had married one Paramjit Kaur, who was living as his wife. A son was born to her out of the loins of the petitioner. She stated that she was not willing to live with the petitioner even if he furnished security for his good behaviour and her safety. In this respect, she was supported by her father. She also examined Sher Singh (RW-2) and Bachan Singh (RW-3) who were Lamberdars of her village; Budh Singh (RW-4) her father and Kartar Singh (RW-