A wife is not obligated to resume cohabitation with her husband if she has been subjected to cruelty and desertion by the husband and his family.

M.L.Singhal, J.

1. This letters patent appeal is directed against the judgment dated November 2, 1987 passed by learned Single Judge of this Court dismissing FAO No. 14-M of 1987.

2. The following facts have given rise to this appeal:

Pritam Singh (husband) instituted petition Under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights against Smt. Nirmala Devi (wife). They were married at Village Dher Tehsil Anandpur Sahib, District Ropar on 30.11.1972. After marriage, they cohabited at the house of the husband. No child was, however, born to them. About three years ago, the wifes father came to the house of the husband and she was taken to her parental home at village Dher saying that she would be sent back after Karva and Deepawali festivals were over. She took with her all the gold and silver ornaments i.e. Gajras, ear rings etc, and clothes all worth more than Rs. 30,000/- saying that she would be using these ornaments and clothes on the occasion of festivals. She did not return to the matrimonial home after the festivals were over. He went to her parents house thrice for bringing her back to the matrimonial home. On all these occasions, her father sent him back on one pretext or the other without his wife. She was not willing to turn up to the matrimonial home and her father too was not willing to send her to the matrimonial home. They took the matter to Panchayat comprising common relatives and other respectables. They all requested her father to send her back to the matrimonial home but to no effect. According to the husband, she withdrew from his society without reasonable cause or excuse despite service Of registered notice dated 11.10.1985 on her. She did not turn up to the matrimonial home. Instead of returning to the matrimonial home, she furnished reply to the said notice containing scandalous accusations.

3. The wife contested this petition urging that she cohabited with the petitioner as a dutiful and obedient wife. Unfortunately, no child was born to them The husbands family is joint family. He, his parents, uncle Pancham Dass were not satisfied with the dowry brought by her in the marriage. After some time of the marriage, the petitioner and his parents started taunting her sarcastically that she was BANJH (barren) and could not conceive. He did not spare even her parents. He made sarcastical insinuations, against her parents. He and his parents started treating her with cruelty that she was Banjh (barren); that she could not conceive nor she brought adequate dowry. On many occasions, she was beaten. Eventually in July, 1982, she was turned out -of matrimonial home with wearing apparel only on her. They retained all the ornaments and dowry given to her by her parents at the time of marriage in pursuance of a deep rooted conspiracy. She was warned not to turn up to the matrimonial home and if she turned up to the matrimonial home, she would be done away with. She has been putting up with her parents as a deserted wife ever since she was turned out of the matrimonial home. It was denied that he (husband) brought any Panchayat to her father for her induction into the matrimonial home. The boot is rather on the other leg. Her father sought the intervention of the Panchayat for her rehabilitation in the matrimonial home but to no effect

4. On the pleadings of the parties, the following issues were framed by the learned Trial Court:

(1) Whether the respondent has withdrawn from the society of the petitioner ? OPP

(2) Whether the respondent has withdrawn from the society of the petitioner for a reasonable and just excuse ? OPR

(3) Whether the petitioner is entitled to the restitution of conjugal rights ? OPP

(4) Whether the petition is not maintainable in the present form ? OPR

(5) Relief.

5. At the conclusion of the trial of this petition, the Subordinate Judge Ist Class, Anandpur Sahib pronounced decree in favour of the husband for restitution of conjugal rights against the wife vide