Court tells woman to return to husband in two months

Ramkrishan Upadhyay

Tribune News Service

Chandigarh, October 30

A local court has directed a woman to join the company of her husband within a period of two months.

The court has issued the directions on a petition filed by a resident of Sector 56 here through counsel Maninder Arora, under Section 9 of the Hindu Marriage Act 1955 for restitution of his conjugal rights with his wife. Arora argued before the court that the marriage of the petitioner was solemnised with a resident of Haridwar in February 2017 as per Hindu rites and ceremonies.

The marriage between the parties was a love and runaway marriage against the wishes of the parents of both parties.

Arora said after the marriage, both of them were residing in their matrimonial home in Chandigarh with the husband’s parents. The matrimonial life of the husband with the wife was going well as he is earning Rs7,000 per month which he used to spend on him and his wife and all other expenses were born by the parents of the husband.

Arora said the woman’s parents were not happy, therefore, they were not keeping the relation with the petitioner or his family but were in touch with their daughter.

Arora said on September 30, 2017, the parents of the wife visited the petitioner in Chandigarh and started compelling them to let them take their daughter with them, who was pregnant at that time. The petitioner, apprehending that they may cause harm to the child in womb or to her wife, called the police and mentioned that her wife was being sent to her parents’ house on the responsibility of her parents.

Arora told the court the husband received a call in the first week of December in 2017 from an unknowing mobile number that the husband and his family would be involved in a false case by the parents of the respondents as they had misguided their daughter.

The respondent was pregnant, therefore, the petitioner was not compelling her to come back but now the parents as well as the respondent have refused to come back even after the birth of a child. Arora argued that the respondent has left the company of the petitioner without any reasonable excuse. Hence, he made the prayer to the court for directing wife to join the company of the petitioner. The wife was served the notices through publication but neither respondent nor anyone on his behalf has appeared and respondent has proceeded against ex parte vide order dated December 12, 2018.

Civil Judge (Junior Division), Chandigarh, Sanjay said: “The entire evidence led by petitioner remained unrebutted and unchallenged which must be relied upon. The respondent did not lead any evidence to show that the petitioner had left him and proceeded against ex parte. She could not even inform the court that she has left the company of the petitioner for a reasonable cause. Hence, there is no reason to disbelieve the petitioner’s version. So, it is clear that the respondent left her matrimonial home without any reason and petitioner has led evidence in this regard, it is considered apt to direct the respondent to join the company of the petitioner. In view of this the respondent is directed to join the company of the petitioner within a period of two months from the date of order.”

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