BALWINDER KAUR Vs. HARDEEP SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Appellant-wife is in appeal against the judgment dated September 27, 1996 of the Division Bench of Punjab and Haryana High Court summarily dismissing her appeal filed under S. 28 of the Hindu Marriage Act, 1955 (for short 'the Act'). Appellant had filed this appeal against the judgment and decree dated December 4, 1995 passed by the District Judge, Patiala in her own petition under S. 13 of the Act seeking divorce from her husband the respondent herein, on the grounds of cruelty and desertion. Appellant had alleged that fraud was perpetrated upon her by her husband in filing the petition for divorce which she said she never intended to file and never sought divorce from her husband. In the proceeding before the District Judge appellant appeared to have examined herself and also one Dalip Singh who claimed to be her maternal uncle which the appellant has denied. An ex parte decree of divorce was granted by the District Judge, Patiala on the petition of the appellant. Appellant says when she became aware of the decree of divorce she moved the High Court in appeal which appeal, as noted above, was dismissed by the following order:

(3.) The marriage between the parties was solemnised according to Sikh rites on February 18, 1991 at Sangrur, tehsil and district Patiala in the State of Punjab. After sometime it appears differences arose between the parties. Appellant on May 22, 1995 lodged a complaint with the Senior Superintendent of Police complaining harassment by the respondent in connivance with his parents. She said her husband was having illicit relations with the wife of his elder brother and that her parents-in-law and brothers-in-law were hatching a conspiracy to kill her in order to get her husband married for a second time. She complained that for the last six months she was living with her parents because of the ill-treatment meted out to her and that all the persons named in the complaint were not permitting her to live in peace. There is an entry in the Police Station City Rajpura, District Patiala dated July 10, 1995 where compromise between the parties has been recorded. Reporting of the compromise was made by the respondent himself who was accompanied with various respectable persons whose names are recorded as under: