RANJEET KAUR Vs. SURENDRA SINGH GILL

JUDGEMENT

(1.) This Appeal is by the appellant-wife against the Judgment dated 25 th September, 2010 in C.S.No.26A/10 of the Third Additional Sessions Judge, Vidisha (M.P.), granting a decree of divorce to the respondent-husband under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955.

(2.) The respondent-husband filed a petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 2 1955, seeking dissolution of the marriage on the ground that the wife, i.e., the appellant herein, had deserted the respondent and thereby the matrimonial home since September, 1995. It is stated that the marriage was solemnised on 5 th May, 1995 as per Hindu (Sikh rights) religion. On or before marriage, the appellant-wife was in a job (O.A. Grade III in District Industry Centre), Vidisha whereas the respondent-husband was working as Civil Engineer in a private Sector at Gwalior M.P. The marriage was duly consummated and one son, namely, Sparsh was born out of their wedlock, who is at present living with his mother at her parental house, at Vidisha. On perusal of the pleadings of the parties, it appears that the marital relations were not cordial between both of them right from the beginning. Since the wife Smt. Ranjeet Kaur was in a Government service at Vidisha and was living with her mother and other relations, there was a pressure by her upon the respondent to shift his place to Vidisha and live with his wife at her parental house. Her husband was running his own business in a private sector living with his parents and family members at Gwalior. Under the circumstances, he was not in a position to shift him to Vidisha and live with her family members. For these reasons, the relations between the spouses became tensible that Husband Surendra Singh Gill had to move a petition under Section 13 of the Hindu Marriage Act before the Court of District Judge Gwalior, which was decided vide Judgment dated 9 th July 2001. Thereafter, the husband moved a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. However, at later stage, the said petition was withdrawn on 11 th July 2007. On 18 th October 2007 he filed the present petition under Section 13(1)(ia) and (ib) of the Act on the ground of cruelty and desertion before the court of District Judge, Vidisha. In divorce petition, the petitioner-husband leveled specific allegation of cruelty and willful desertion by appellant-wife from his company. By filing reply, those allegations were refuted by the non-petitioner-wife. She also alleged that the petitioner-husband developed a relationship with one lady officer and with malicious intention and object to marry with that lady officer, he has filed the instant divorce petition. Hence, the prayer for dismissal of the petition was made by the wife. After taking into consideration the ocular as well as oral and documentary evidence on record, the learned trial Judge granted a decree in favour of the respondent-husband holding that cruelty as well as desertion are well proved by the material on record.

(3.) While dealing with the matter, the trial Judge framed the following issues for consideration:-