PERMINDER CHARAN SINGH Vs. HARJIT KAUR

JUDGEMENT

(1.) Leave granted.

(2.) These two appeals arise out of the judgments passed by the Division Bench of the Punjab and Haryana High Court at Chandigarh. The appellant herein filed an application under Section 12 of the Hindu Marriage Act for annulment of his marriage with the respondent, Harjit Kaur. This application was rejected by the trial Court and the order was confirmed by the learned single Judge of the High Court. Aggrieved by the same, the appellant filed a Letters Patent Appeal before the Division Bench and the same was dismissed. Civil Appeal arising out of Special Leave Petition (Civil) No. 493 of 2002 is filed against that judgment.

(3.) The appellant had also filed an application under S. 13 of the Hindu Marriage Act for divorce on two grounds, viz., that the respondent deserted him and that she had committed cruelty against him. The trial Court held that the respondent was responsible for causing cruelty to the appellant and hence the appellant was held entitled to get divorce; however, the plea of desertion was rejected. Aggrieved by the same, both the appellant and the respondent filed separate appeals and by a common judgment, the learned single Judge allowed the appeal preferred by the respondent and dismissed the appeal preferred by the appellant herein. Thus, the learned single Judge held that the appellant failed to prove that there was either desertion or cruelty on the part of the respondent. Aggrieved by the same, the appellant preferred an LPA before the Division Bench and by judgment dated 19th July, 2001, the High Court dismissed the LPA filed by the appellant. Aggrieved by the same, civil appeals arising out of Special Leave Petition (Civil) Nos. 501-502 of 2002 have been filed.