MOHINDER SINGH Vs. JASWINDER KAUR

JUDGEMENT

(1.) Mohinder Singh-appellant has directed this appeal against the judgment dated 29.4.2008 vide which petition under Section 13 of the Hindu Marriage Act, 1955 (in short HM Act) filed by him seeking decree of divorce by way of dissolution of marriage, stood dismissed.

(2.) The marriage between the parties took place on 19.1.1997 at Ludhiana according to Sikh Rites and ceremonies. The parties cohabited together as husband and wife for some time at Ludhiana. Out of their wedlock, one female child namely Harmanjit Kaur was born, who is presently in the care and custody of the respondent. From the very beginning of marriage, behaviour of respondent towards the petitioner was not upto the mark. The respondent was even taken to Italy by the appellant as he used to work there. In Italy respondent was treated nicely by the appellant. Prior to their marriage, the petitioner had deposited some money in different bank accounts. After marriage, he earned money by putting up hard labour and provided all the necessities of life to the respondent as per his status and income. The appellant in good faith deposited huge amount in joint accounts opened by them in India, but the respondent showed her dishonest intention. In Italy respondent was house wife and always remained at home as she was not gainfully employed. In spite of that, respondent did not perform her matrimonial obligations. She often refused to cook food and to wash clothes, as a result of which petitioner himself used to perform domestic work. In his absence, respondent used to leave his house without permission and information and on objection, the respondent started quarreling with him. The petitioner made efforts to convince the respondent to behave like a good wife but she never bothered for him and she used to abuse and insult him in the presence of relatives and visitors to his house. In the year 2002, respondent again conceived and pregnancy was found to be positive in medical check up, done in the said country. Respondent started pressing for her return to India. As the petitioner did not give his consent, she started quarreling because she intended to withdraw the amount lying deposited in fixed deposit accounts maintained in joint names of the parties in banks in India. Ultimately, she returned to India on 6.3.2002 and made an attempt to withdraw the amount, about which the petitioner got information and he foiled her attempt. Feeling aggrieved, the respondent filed two civil suits against the petitioner seeking permission to withdraw the amount deposited in banks. She also filed an application on 24.8.2002 to the police for registration of a criminal case under Sections 406 and 498-A IPC against the petitioner and others. The police refused to proceed against the petitioner and others after he appeared before the police and explained the conduct of the respondent. However, the dispute was compromised with the intervention of Gram Panchayat. A compromise deed was drafted, duly signed by the respondent also in addition to others in terms of which she received a sum of Rs. 1,10,000/- in lump sum as past, present and future maintenance and costs of her Istridhan. She also undertook not to raise claim on amount lying in joint accounts and to apply for the divorce but subsequently, she backed out. The petitioner kept on bearing humiliation under the hope that better sense would prevail with the passage of time. He again requested the respondent to join him and not to do any illegal act, but to no avail. Hence, she has treated the petitioner with cruelty and has withdrawn from the society of the petitioner for a continuous period of three years for the sake of money. Now petitioner apprehends danger to his life and he does not consider safe to live with the respondent.

(3.) On being put to notice, respondent filed written statement, resisting the petition taking preliminary objections that petitioner is estopped by his own act and conduct from filing the petition.