Balbir Singh vs Shanti Devi on 6 January, 1970

    Balbir Singh vs Shanti Devi on 6/1/1970

JUDGMENT

   V.S. Deshpande, J.

   (1) This appeal is by the husband Balbir Singh (hereinafter called the
husband) whose petition for restitution of conjugal rights under section 9 of
the Hindu Marriage Act, 1955 (hereinafter called the Act) against his wife
respondent Shanti Devi (hereinafter called the wife) was dismissed by the trial
Court.

   (2) The husband was at first married to the elder sister of the wife and has
a daughter from her. The elder sister died on 8-12-1954 after which the parties
were married on 16-2-1955. A daughter was born of this marriage on 1-12-1956.

   (3) The husband alleged that the wife left him on 11-5-1960 without any
reasonable cause at the instigation of her father Naval Singh who is Respondent
No. 2. Since then the wife has not come back to live with the husband. The
husband, therefore, filed a petition on 18th May 1960 against the wife alleging
that the wife had withdrawn from his society without any reasonable cause and,
therefore, prayed for a decree for restitution of conjugal rights.

   (4) The petition was resisted by the wife on the following grounds :-

     THErelations between the parties were normal up to the year 1958.
Thereafter the husband fell in love with one Usha Kiran and began to ill-treat
the wife. He even abused her and even threatened physical violence and sometimes
beat her. This ill- treatment of the wife by the husband continued up to
December 1959. From the beginning of February 1960, the conduct of the husband
towards the wife became more cruel. He even threatened to kill her. He wanted to
coerce the wife to seek separation from the husband through a Court of law.
Therefore, the wife wrote to her father on 29.4.1960 complaining about the above
ill-treatment and requesting him to set her free from the clutches of the
petitioner. The Respondent No. 2, therefore, come to Delhi and requested the
husband to allow the wife to come wth him to his place. But the husband refused
to allow her to go away unless she executed a deed of divorce. The Respondent
No. 2, had, therefore, to make an application under section 100 criminal
Procedure Code to the Magistrate at Delhi whereupon a warrant for the production
of the wife in the Court was issued and on 11th May 1960, the wife was produced
in Court and thereafter left the husband.

   (5) The learned trial Court believed that the condct of the husband towards
the wife amounted to legal cruelty and, therefore, there was sufficint cause for
the wife not to live with the husband. The husband was not, therefore, entitled
to restitution of conjugal rights. His petition was, therefore, dismissed.

   (6) Keeping in view, the facts and the pleadings in the case and the
provisions of section 9 of the Act, the following questions arise for decision :

     (1)Whether the wife withdrew from the society of the husband without
reasonable excuse within the meaning of section 9(1) of the Act; Or (2) Whether
the conduct of the husband towards the wife amounted to such cruelty as to cause
a reasonable apprehension in her mind that it would be harmful or injurious for
her to live with the husband within the meaning of section 9(2) of the Act.

   Question No. 1 :-It is essential to understand correctly the meaning of both
the sub-sections of section 9 of the Act for a proper decison of this case. The
whole of sectin 9 is, therefore, reproduced below :

     "RESTITUTIONof conjugal rights.-(1) When either the husband or the wife
has, without reasonable excuse, withdrawn from the society of the other, the
aggrieved party may apply, by petition to the district Court, for restitution of
conjugal rights and the Court, on being satised of of the truth of the
statements made in such petition and that there is no legal ground why the
application should not be granted, may decree restitution of conjugal rights
accordingly. (2) Nothing shall be pleaded in answer to a petition for
restitution of conjugal rights which shall not be a ground for judicial
separation of for nullity or marriage or for divorce".

   (7) Prima facie, the two sub-sections of section 9 do not seem to be quite
consistent with each other. A reading of sub-section (2) alone would suggest
that decree for restitution of conjugal rights should follow as a matter of
course unless the respondent is able to prove in defense some ground which would
be sufficient for a person to obtain judicial sepration under section 10 or
nullity of marriage under sections 11 and 12 or divorce under section 13 of the
Act. For instance, the defense of cruelty urged by the wife in the present case
would, according to sub-section (2), have to be proved by her to show that she
was treated by husband with such cruelty as to cause a reasonable apprehension
in her mind that it would be harmful or injurious for the wife to live with the
husband. The standard of proof would have to be the same as, for instance ,
would be under section 10(l)(b) of the Act. If sub-section (2) is to have this
effect, it would nullify sub-section (1) altogether. Learned counsel for the
husband urged that sub-section (1) should be construed as being subject to sub-
section (2) so that nothing would be a reasonable excuse or a legal ground for
the rejection of a petition under sub-section (1) which is not a valid defense
under sub-section (2). Learned cousel fruther pointed out that the two sub-
sections of section 9 reproduced above apparently reproduce the law stated in
sections 32 and 33 of the India Divorce Act, 1869, which in turn reproduced the
English law as practiced in the English ecclesaiastical courts prior to 1884. It
is clear to me, however, that the former English ecclesistical law that a
petitioner would be entitled to restitution of conjugal rights unless he or she
is proved to have comitted matrimonial offence was not completely reproduced in
sections 32 and 33 of the Divorce Act. The Legislature paid lip-serive to the
ecclesiastical law by enacting section 33 of the Divorce Act but at the same
time gave effect to the liberalisation of the law enactment of section 32
whereby the petitioner was required to prove abasence of reasonable cause on the
part of the respodent in withdrawing from the society of the petitioner before
he or she could be entitled to the relief of restitution of conjugal rights. In
doing so, the Legislature anticipated the future development of English law
culminating in Russel v. Russel (1) laying down that the Court had a discretion
to refuse restitution of conjugal rights if the petitioner had behaved in such a
way as would, even in the absence of a matrimonial offence, afford the
respondent a reasonable excuse for wihdrawal from the society of the petitioner.
Since Russel v Russel, (1) the consistent view in England as also under the
Indian Divorce Act was that the conduct of the petitioner, even if not amounting
to a matrimonial offence such as crulety etc. may be such as to give a
reasonable excuse to the repsondent to withdraw from his or her society and
would disqualify the petitioner from obtaining a decree for restitution of
conjugal rights. Certain observation in Nusserwanjee Pcstoniee Ardesir Wadia v.
Eleonora Nusserwmijee Pestonjee Ardesir Wad.a (2) to the contrary are, with
respect, not in line with this settled law. It would be too late in the day to
urge that they be now followed.

   (8) By 1954. the proposition that restitution of conjugal rights could be
refused if the respondent would show a reasonable excuse for withdrawing from
the society of the petitioner was so well-settled that a deliberate departure
was made by the Legislature in enacting section 22 of the Special Marriage Act,
1954, reproducing therein the law as emodied in section 32 of the Divorce Act,
1954 and omitting altogether any reference to the old ecclesiastical law as had
been embodied in section 33 of the Divorce Act. The law enacted in section 22 of
the Special Marriage Act, 1954, therefore, is simple and straightforward. It
avoids the contradiction between sections 32 and 33 of the Divorce Act by
adopting section 32 alone and omitting section 33 altogether. It is somewhat
surprising, therefore, that in 1955, Legislature should have again reproduced
both sections 32 and 33 of the Divorce Act in sub-sections (1) and(2) of section
9 of the Act. Perhaps it was thought that the Special Marriage Act, 1954, was
intended to apply only to civil marriages under the provisions of that Act
irrespective of the religion of the parties and could, therefore, view the right
of a spouse to restitution of conjugal rights less strictly than such a right
was viewed in the old English ecclesiastical law. But the Hindu Marriage Act,
1955, was to apply only to the Hindus among whom the marriage was more a
sacrament than a contract. It was, therefore, perhaps thought proper that the
right of a spouse to restitution of conjugal rights should not be less rigorous
than it was under sections 32 and 33 of the Divorce Act, Whetever may be the
historical reasons, the majority of the judicial decisions since 1955 have taken
the view that the law relating to restitution of conjugal rights under section 9
of the Act is the same as was laid down in Russel v. Russell and has not been
changed by the form in which section 9 has been cast by the Legislature. [Gurdev
Kaur v. Sarwah Singh, , followed by this Court in Ram Kali v. Same Singh]

   (9) In the light of the above legal development, I would construe section 9
as follows:- Under sub-section (1), the petitioner has to prove three things
namely : (i) the absence of a reasonable excuse for the wthdrawal of the
respondent from his society; (ii) the absence of any legal ground why the
petition should not be granted; and (iii) The truth of the statements contained
in his petition. Sub-section (2) only elaborates ground No. 2 which is to be
proved by the petitioner under sub-section (1). If the respondent were to prove
any ground which would be sufficient for judicial separation, nullity of
marriage or divorce under subsection (2) then the petiion for restitution of
conjugal rights would be liable to be rejected on the ground that the petitioner
was unable to prove that there was no legal ground why the petition should not
be granted. In this way, sub-section (2} harmonises with sub-section (1) and the
two together lead to one whole meaning. It is not possible to construe sub-
section (2) to mean that restitution of conjugal rights must be invariably
granted unless the respondent can prove that the petitioner is guilty of a
materimonial offence. Such a construction would conflict with sub-section (1)
which expressly provides that the petition for restitution of conjugal rights
may not be granted even when the respondent has a reasonable excuse (as
distiguished from .a matrimonial offence) for withdrawing from the society of
the petitioner. It is easy to perceive that the expression "resonable excuse" is
a very general one. It adopts the standard of reasonableness which is a basic
concept in law used in vrious contexts. What is reasonable has always to be
decided by the Court in the light of the particular circumstances of a case. It
is the essence of the standard of reasonableness that it cannot be rigidly
defined by hard and fast rules. It is difficult to say what will be reasonable
at all times with respect to all persons and in all circumstances. But it is
always possible to decide what is reasonable in a particular case on the
particular facts relating to a particular person. This is why the expression
"ressonable excuse" cannot be equated with a matrimonial offence nor can it be
said that a reasonable excuse cannot exist except in the form of a ground
recongnised by the Act as valid for judicial separatiion or for nullity of
marriage or for divorce. Something less than such a ground or a matrimonial
offence may, therefore, amount to a "reasonable excuse" within the meaning of
section 9(1) of the Act.

   (10) The construction placed by me above on section 9 not only harmonises the
two sub-sections thereof but is also in accordance with the scheme of the Act as
a whole as would be seen by the examination of its following provisions: Section
10 of the Act deals with judicial separation. The first ground on which judicial
separation may be granted is set out in clause (a) of subsection (1) of section
10, namely, desertion of the petitioner by the respondent for a continuous
period of not less than two years immediately preceding the presentation of the
petition. According to the Explanation at the end of sub-section (1), such
desertion has to be "without reasonable cause". The similarity of the expression
"without reasnable cause" in section 10(1) with the expression "without
reasonable excuse" is striking. There is also a close connection between section
9(1) and section 10(1)(a) of the Act. A deserted spouse may sue either for
restitution of conjugal rights or for judicial separation. In either case, he
has to prove that the desertion or the withdrawal from his society that the
desertion or the withdrawal from his society the other by the other party to the
marriage was "without reasonable cause" or "without .reasonable excuse". The
meaning of these two expressions would, therefore, appear to be the same for all
practical purposes. There is no provision in section 10(1) corresponding to
section 9(2). There can be no doubt, therefore, that the meaning of the
expression "without reasonable cause" in section 10(1) is not rigidly confined
to a matrimonial offence or to a ground which would obtain judicial separation,
nullity of marriage or divorce. It would follow, therefore, that the expression
"without reasnable excuse" which is similar in meaning cannot also he confined
to the categories mentioned in section 9(2). The Legislature, however, leans in
favor of restitution of conjugal rights and against judicial separation. This is
why the latter relief cannot be obtained unless the desertion is for a
continuous period of not less than two years immediately preceding the
presentation of the petition for judicial separation while no such requirement
is specified cf obtaining the relief of restitution of conjugal rights.

   (11) Section 23(1)(a) of the Act further requires that the Court should be
satisfied that the petitioner is not in any way taking advantage of his own
wrong before granting any matrimonial relief. In other words, if the conduct of
the petitioner itself is such as to gives the respondent a resonable excuse for
withdrawal from his society, then the petitioner would be disentitled to the
grant of a matrimonial relief. This is another consideration showing that the
expression "without reasonable excuse" can mean something less than a
matrimonial offence or a ground sufficient to obtain a judicial separation,
nullity of marriage or divorce. It is, necessary, however, to show that the
conduct of the petitioner is in some way blameworthy before it can be held that
it constitutes reasonable excuse justifying the withdrawal of the respondent
from the petitioner's society. A mere honest difference of opinion between the
parties for which the petitioner cannot be blamed would not constitute
"reasonable excuse" within the meaning of section 9(1). The conduct of the
petitioner constituting such reasonable excuse would lie somewhere between these
two extremes. What conduct would amount to such "resonable excuse" would depend
upon the facts of a particular case.

   (12) Sections 9(1) and 10(1)(a) are also related to the question cf the
maintenance of a spouse residing separately. It is the "brooding omnipresence"
of this question in the background which gives importance to the proceedings
instituted under section 9 and section 10. For, "the conduct of the parties"
would have to be taken into account by the Court under section 25(1) of the Act
in granting maintenance to one party to the marriage even after a matrimonial
relief is finally granted by the Court to the other party. A finding by the
Court under section 9(1) or section 10(1)(a) as to whether the party claiming
maintenance had reasonable excuse or cause for living apart from the other party
would be relevant under section 25(1) when the grant of maintenance is
considered by the Court. The expression '"conduct of the parties'" is also a
general one in the same way as the expression "reasonable excuse". Neither of
them can be said to be confined only to a matrimonial offence or to a ground
sufficient to obtain judicial separation, nullity of marriage or divorce. The
related provision contained in section 18(2) (a) and (g) of the Hindu Adoptions
and Maintenance Act. 1956, entitles a Hindu wife to live separately from her
husband without forfeiting her claim to maintenance, inter aha, if the husband
is guilty of desertion without reasonable cause or if there is any other cause
justifying her living separately. Here again, the wife would be entitled to a
separate maintenance from her husband by proving either desertion without
reasonable cause on his part or more generally by proving "any other cause". The
expression "any other cause" accords in its generality with the expressions
"reasonable excuse", "reasonable cause" and "conduct of the parties" considered
above. All of these expressions are wide enough to include such conduct of the
husband as would be less serious than a matrimonial offence or a ground to
obtain judicial separation, nullity of marriage or divorce and yet would be such
as to justify the wife in living separately from her husband without verifying
her claim to maintenance. I conclude, therefore, that, for the above reasons,
the wife in the present case would be entitled to resist the claim of the
husband for restitution of conjugal rights by proving any "reasonable excuse"
for her withdrawal from the society of the husband even though such reasonable
excuse falls short of a matrimonial offence or a ground for judicial separation
or for nullity of marriage or for divorce.

   (13) It is in the light of the above legal position that the pleadings and
the evidence on record have to be scrutinised to find out whether such
"reasonable excuse" is wanting to justify the withdrawal of the wife from the
society of the husband in the present case. The burden of proving the want of
such reasonable excuse is of course on the husband who was the petitioner and
who is now the appellant. The burden is however a negative one and can be
discharged by the husband if he shows that his conduct has been completely free
from blame and that he has not done any act which would justify the wife in
withdrawing from his society.

   (14) The petition by the husband was, therefore, not expected to state
anything, more than that the wife had withdrawn from the society of the husband
without reasonable excuse. The wife was. however. expected to state the facts
which would show that the cenduct of the husband constituted the reasonable
excuse of her withdrawal. The grounds pleaded by the wife on her reply, to the
husband's petition were as follows :-

     (1)the husband was paying his attention and he is even now doing so to a
girl in Vinay Nagar; (2) the husband tortured her and practiced cruelty on her
and intended to do away with her life: (3) he beat her; (4) he snatched all her
belongings; and (5) he would not allow her to move out of the house.

   (15) These grounds were elaborated by her in the particulars and the better
particulars which she supplied on the application by the husband. It is
necessary, thereore, to examine whether the evidence on record adduced by both
the parties is such as to show the existence of any of these grounds to
constitute reasonable excuse for the withdrawal of the wife from the society of
the husband.

   (16) The girl referred to as being in Vinaya Nagar in the reply of the wife
is stated to be one Usha Kiran in the particulars. The husband lived in Vinaya
Nagar. But R.W. 4 Om Prakash Gupta merely stated that he saw a girl moving about
in the company of the husband and that the girl worked in the Reserve Bank of
India where the husband also worked. He did not give any other details either of
the conduct of the husband or of the girl. R.W. 5 Shanti Devi respondent
contradicted her own pleading in the reply and also the evidence of R.W. 4 Om
Prakash Gupta by stating that it was Om Prakash who told her that the place
where the girl resided was Darya Ganj. Darya Ganj is far away from Vinaya Nagar
and it is most unlikely that persons residing so far away from each other would
be seen in the company of each other as R.W. 4 Om Prakash is alleged to have
seen them. It is also in evidence that the husband, the girl Usha Kiran and some
other persons had been suspended in connection with a disciplinary inquiry by
the Reserve Bank. There is absolutely no evidence worth the name to cast any
suspicion on the husband as to relations with the girl Usha Kiran. In city like
Delhi thousands of persons work in offices which employ both men and women. If a
man and a woman working in an office is merely seen together, the explanation
may be that they were either going home from the office or they were going to
the office or they accidentally and casually met each other. It cannot be said
that a mere meeting between them proved intimacy between them muchless can such
evidence be sufficient to show an improper intimacy between them.

   (17) The wife tried to exaggerate the reference to the girl Usha Kiran
bystaling in her evidence that the husband told her that he wanted to marry Usha
Kiran. This evidence is unbelievable inasmuch as no much suggestion was made by
the wife cither in her pleading or in the particulars or better particulars
supplied by her. The wife further stated in her evidence that she had seen a
photograph of this girl and that she had kept it with herself. If so, it is not
known why she could not produce it in the evidence. .It was after her dispute
with the husband began and even during the pendency of the proceeding s in the
trial Court that she had the possession of this photograph and yet she says that
she forgot to bring it from the husband's house when she left it after having
stayed with her husband for two or three days during the pendency of this
proceeding. It is impossible to believe such a cock A and bull story, It isclear
to me, therefore, that there is absolutely no basis for any suggestion that the
husband had any improper relationship with the girl Usha Kiran.

   (18) As for the torture, beating and curelty, there is neither any sign of it
on the person of the wife nor has she even been treated medically for the same.
No person has been examined who could say that he either saw the wife being
beaten or tortured by the husband or heard any cries of the wife or any
conversation between the parties which would suggest such a torture or ill-
treatment. The evidence of R.W. 2 Ram Krishan has been disbelieved by the trial
Court and I agree that it was not worthy of credence. The wife has to rely,
therefore, only on such evidence as is her own creation. Exhibit R-1 is the
letter dated 29/4/1960 in which for the first time the wife complained to her
father that the husband was beating her every day. The father however does not
seem to have been convinced by this letter and, therefore, the wife wrote
another letter to him on 2-5-1960 which is Exhibit R-2 in which, however, she
did not say that the husband beat her. The wife left the husband on 11th May
1960. The allegation of beating therefore, made less than fortnight before the
wife withdrew from the society of the husband. The pleading by the wife in the
particulars furnished by her is that the relations between the parties were
normal up to the year 1958. The ill-treatment then began and continued till
December 1959. It is significant, howver, that there is no complaint by the wife
to her father about her alleged ill-treatment by the husband throughout the year
1959 and even later till 29-4-1960. The real reason why the wife left . the
husband is contained in a tetter written by her to her husband at Exhibit A.3.
The wife admits to have written this letter either at the end of 1958 or in
1959. In this letter the wife clearly tells the husband that she would never be
able to live with him. She declares her intention to further educate herself and
take up a job . She complains that the husband was busy with the shop and that
there was no grain in the house. These are the only complaints she had against
the husband. But in the evidence she denies that there was any truth in these
grounds of complaint. The result is. therefore, that the wife has simply
declared to the husband her unwillingness to live with him without. giving
absolutely any reason for her staying away. The decision of the wife to stay
away from the husband declared in this letter was not even alleged by the wife
herself to be due to any blame attributable to the husband. The mention of Usha
Kiran, cruelty, etc. are all apparently by way of an afterthought put up merely
to defend the petition of the husband for the restitution of conjugal rights.
The real reason underlying the decision of the wife to away from the husband is
the peculiar make-up and nature of the wife herself as is disclosed in two
previous letters written by her.

   (19) Exhibit A-4 is the letter written by her on 26-10-1953 to her sister who
was then married to Balbir Singh. The respondent was then an unmarried girl.
Even then, she was bold enough to take her sister to task and to express
disagreement with her In this letter the wife is seen to be a woman of strong
determination and individualistic views of her own She was not prapared to
compromise her convictions at all. The next letter Exhibit A-5 was written by
the respondent to Balbir Singh on 14-2-1954 after the death of her sister and
before the respondent married Balbir Singh. In this letter, the respondent had
the courage to propose marriage to Balbir Singh on the condition that she is
allowed to educate herself further. For a girl whose sister had just died and
whose father was alive, it was an act of inexcusable impertinence to write such
a letter. It would be difficult to find another such bold woman in our society.
The significance of these letters is that they show up the respondent as a woman
of very strong views who would act according to her own peculiar views and would
not be prepared to make any adjustment with her husband. A happy married life is
possible only after mutual adjustments by the husband and wife. The wife in the
present case has shown herself a person who was not prepared to make such
adjustments. This seems to me to be the basic cause why she has decided to leave
her husband. She was obviously not happy with him. But she has not been able to
show that any blame was attributable to the husband which would justify her
living away from him.

   (20) The evidence of R.W.3 Naval Singh and R.W.4 Om Parkash is that they went
to the house of the husband in May 1960 and asked him to let the wife go with
the father. They say that the husband refused to send away the wife unless she
gave him a divorce. Obviously the husband did not see any reason why he should
ask the wife to go with her father. For, he had not ill-treated her. If the wife
herself wanted to go with her father without the permission of the husband,
there was nothing to prevent her from going with him. In fact, the father of the
wife had seen her before in the absence of the husband and the wife could have
gone with her father if she wanted to do so in,the absence of the husband. There
is nothing to show that the wife was under any restraint whatever and yet R.W.3
Naval Singh made a completely false allegation in the application (Exhibit R-3)
which he made to the Magistrate on 10th May 1960 that the wife had been confined
by the husband. It is clear to me that this application had been made by Navai
Singh only to create evidence of the alleged confinement of the wife though he
knew that the wife had not been confined at all. In the statement which the wife
made before the Magistrate on the 11th of May 1960 in Exhibit R-6 she did not
say that she had been confined by her husband. She merely said that he was
harassing her and threatening to kill her and tried to obtain documents from
her. She did not say that he beat her. The Magistrate as per Exhibit- R-5 merely
allowed her to go away where she liked as she was 25 years of age. The whole
episode was stage-managed to create evidence of confinement against the husband.
The Assistant Sub Inspector Jaswant Lal (Public Witness .5) who went with the
warrant to the husband's house to produce the wife before the Magistrate found
the wife sitting in the verandah cutting vegetables and the husband lying on a
charpai in a room. He did not find the wife in any confinement and did not have
to release her from it. It is this conduct on the part of the wife and her
father which made the husband file this petition for restitution of conjugal
rights.

   (21) As for the alleged threat by the husband to kill the wife, there is no
evidence except the admission of the wife in favor of herself in the letter
which she wrote to her father. Such an admission is inadmissible in evidence.
The learned trail Court has referred to section 157 of the Evidence Act in
support of the amidmissibility in evidence of this admission of the wife in her
own favor. I am unable to agree that section 157 of the Evidence Act has any
application at all. Two kinds of former statements of a witness are admissible
under section 157, namely, (1) a statement relating to the faet deposed to by
the witness made at or about the time when the fact took place; and (2) a
statement made before an authority legally competent to investiagate the fact.
There is absolutely no evidence to show that the the husband ever threatened the
wife with death. Therefore, it cannot be said that the letter written by the
wife was a statement made at or about the time when the threat was made. As the
fact of the threat itself did not exist, the question of its corroboretion
cannot arise. The statement by the wife is also not admissible on the second
ground as it was not made before any authority competent to investigate the
fact. Therefore, the proof of the admission by the wife in her own favor is
barred by section 21 of the Evidence Act.

   (22) All talk of danger to the life of the wife from the husband is shown to
be completely unreal inasmuch as the wife herself has more than once offered to
go and live with the husband. Her only condition was that he should not ill-
treat her. The husband's stand was that he never ill-treated her and was always
prepared to receive her back. The wife, therefore, actually went to live with
the husband during the pendency of the proceedings before the trial Court. She
left him after three or four days on the sole ground that he tried to obtain
some documents from her. This explanation is unbelievable inasmuch as the
proceedings were actually in Court and the dowment which the husband wanted to
obtain from her has actually been produced by the the wife in Court. If the
husband wanted to obtain the document from the wife, the wife has not explained
now she is in possession of the original. Further, it is not shown what motive
or reason the husband could have in trying to obtain such a document from his
wife. From this conduct of the wife also, it is clear that the wife has decided
not to live with the husband bacause of her own views. She has fallen out with
the husband but she has not been able to bring home to the husband any conduct
which would amount to reasonable excuse for her to wiit hdraw from his society.

   (23) As for the ornaments of the wife are conerned, there is nothing to show
that they were taken by the husband against her will. As the ornaments were not
worn daily by the wife, they have been kept by her with the husband and the
husband is holding them subject to whatever rights the wife has in it.

   (24) After the marriage, the wife has educated herself and has ultimately
taken up a job. It would be recalled that in the letter which she had written to
Balbir Singh proposing marriage to him (Exhibit A-5) she had made her further
education conditon of her marrying him. It appears to me that she has been
always desirous of educating herself and taking up a job while Balbir Singh
married her mainly because she was the sister of his first wife and as such more
suitable than any other girl to look after the child left by the first wife on
her death. The respondent had also offered to take care of the child in the
letter proposing marriage to Balbir Singh. But the child of the former wife
later died and the wife left the husband and ultimately took up a job. It may be
that the husband wanted his wife merely to be a house-wife while the wife wanted
to take up a job. It is true that the husband has not expressly pleaded that
this was the cause of the difference between him and his wife. But in my view,
it was not necessary for the husband to make such a pleading. All that he had to
say was that as far as he knew there was no reasonable excuse justifying the
separation of the wife from him. It was for the wife to put forth the real cause
of the difference. The wife has put forth grounds which she has not been able to
prove to justify her separation from the the husband. She has suppressed the
real reasons why she decided to leave her husband though these reasons have come
io light in Exhibit A-3. As the wife does not rely on the reasons given in
Exhibit A-3 and denies them in her evidence, we are left with absoutely nothing
on which we can justify the withdrawal of the wife from the society of the
husband. I, therefore, hold that the appellant husband has proved that the
respondent wife withdrew from his society without reasonable excuse within the
the meaning of section 9(1) of the Act. I further hold that the statements made
by the husband in his petition were true while the statements made by the wife
in her reply and the particulars were not proved to be true.

   (25) As the evidence on record is insufficient to show that there Was any
reasonable excuse for the withdrawal of the wife from the society of the
husband, a fortiori, it follows that there was no matrimonial offence and there
was no ground proved by the evidence which would have justified the ground of
judicial separation, nullity of marriage or divorce. I find so.

   (26) In the result, as the appellant husband has succeeded on both the
grounds mentioned above, the appeal is allowed, the decree of the trial Court is
set aside and a decree for restitution of conjugal rights is passed in favor of
the appellant husband and against the respondent wife. J make no order as to
costs.