Allowed

Kulwant Kaur v. Resham Singh

Punjab & Haryana HC13 Jul 2016FAO-M/193/2011

Case brief

AI extract

What is this about?

The High Court allowed the wife's appeal against a decree of restitution of conjugal rights. The court observed the husband absconded, refused to pay maintenance ordered by a criminal court, and failed to appear. Consequently, the decree was set aside as the respondent was not entitled to its enforcement.

What did the court decide?

The decree of restitution of conjugal rights passed in favour of the respondent was set aside and the appeal was allowed.

Kulwant Kaur Vs Resham Singh — Maintenance and Alimony | Punjab & Haryana HC (2016)

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FAO No. M-193 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No. M-193 of 2011 DATE OF DECISION :- July 13, 2016

Kulwant Kaur

...Appellant

Versus

Resham Singh

...Respondent

CORAM: HON’BLE MR.JUSTICE M.JEYAPAUL

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HON'BLE MRS. JUSTICE SNEH PRASHAR

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Present :- Mr. Sherry K. Singla, Advocate for the appellant. ***

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M.JEYAPAUL, J.

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Heard the submissions made by learned counsel appearing for the appellant.

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Appellant-wife has challenged the decree of restitution of conjugal rights granted in favour of the respondent under Section 9 of the Hindu Marriage Act by the trial Court.

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During the pendency of the appeal, appellant expressed her desire to join the respondent-husband in terms of the decree passed under Section 9 of the Hindu Marriage Act. Appellant in fact initiated separate criminal proceedings under Section 125 Cr.P.C. seeking maintenance from the respondent. It was informed to the Court that the respondent in fact absconded in the proceedings under Section 125 Cr.P.C. initiated by the appellant.

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As it was brought to our notice that the respondent refused to

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PARVINDER SINGH 2016.07.18 13:43 I attest to the accuracy and integrity of this document Chandigarh

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FAO No. M-193 of 2011

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pay even a pie to the appellant towards maintenance, we directed the respondent to bring a demand draft for a sum of `1 lac towards maintenance as ordered by criminal Court in the proceedings under Section 125 Cr.P.C. The respondent did not comply with the directions of this Court, as a result of which the defence of the respondent was struck off by virtue of the order passed by this Court on 4.5.2016.

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None appeared today for the respondent. Appellant has unambiguously stated that she is prepared to join the respondent. But the respondent has virtually absconded refusing to pay the maintenance as ordered by the criminal Court. The direction issued by this Court to pay maintenance was scrupulously not adhered to by the respondent. No argument was advanced on the side of the respondent as none was present today for the respondent.

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In the above facts and circumstances, we are of the considered view that respondent is not entitled to a decree of restitution of conjugal rights as he is not prepared to pay maintenance nor has he appeared before this Court to take the wife who agreed to go along with him.

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In view thereof, the decree of restitution of conjugal rights passed in favour of the respondent stands set aside and the appeal is consequently allowed.

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(M. JEYAPAUL) JUDGE

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(SNEH PRASHAR) JUDGE

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July 13, 2016 p.singh

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PARVINDER SINGH 2016.07.18 13:43 I attest to the accuracy and integrity of this document Chandigarh

Kulwant Kaur v. Resham Singh

Case brief

What is this about?

What did the court decide?

Kulwant Kaur v. Resham Singh

Case brief

What is this about?

What did the court decide?

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