AMARJIT KAUR Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) THIS is a civil revision and has been directed against the order dated 10.10.1998 passed by the Addl. District Judge, Ludhiana, dismissing the application of the petitioner Smt. Amarjit Kaur under Section 24 of the Hindu Marriage Act, 1955, for the reasons given in para Nos. 6 to 10 of the impugned order :

(2.) BRIEF facts of the case are that husband Shri Harbhajan Singh filed a petition under Section 13 of the Hindu Marriage Act against his wife Smt. Amarjit Kaur alleging that the marriage between the parties took place on 16.1.1980 at Ludhiana. From this wedlock four children namely Gagandeep Kaur. Neelam Rani, Sandeep and Kirandeep Kaur were born. The case set up by the husband is that on 14.4.1994 at about 10.30 A.M. when he came to the house to collect some documents all of a sudden and when he opened the door of the bed room, he found his wife and respondent No. 2 Mr. Shyam Sunder Bassi in a compromising condition. On seeing him, respondent No. 2 ran away from the room. Respondent No. 1 was persuaded to sever her relations with the respondent No. 2, keeping in view the future of growing up children but she did not agree and started residing separately in House No. 211, Gali No. 5, Madhopuri, Ludhiana. It is further pleaded by the petitioner that respondent No. 1 even gave birth to fifth child from the loins of respondent No. 2. Thus, divorce was sought by the husband on the ground of adultery and mental cruelty.

(3.) THE learned Additional District Judge, Ludhiana vide impugned order dated 10.10.1998 dismissed the application under Section 24 of the Hindu Marriage Act and in this manner, the present revision.