JAGPAL SINGH Vs. VIRPAL KAUR

JUDGEMENT

(1.) The crux of the facts, culminating in the commencement and relevant for deciding the core controversy involved in the present petition, is that the marriage of Virpal Kaur (respondent-wife) was solemnized with Jagsir Singh, brother of Jagpal Singh-petitioner No.1 according to Sikh rites and ceremonies at Ratia, Distt.Fatehabad. After the solemnization of the marriage, they lived and cohabited as husband and wife at village Kherewala in a joint family. Two daughters, namely Rupinder Kaur and Shaminder Kaur, were born out of the said wedlock. Unfortunately, Jagsir Singh, first husband of Virpal Kaur (respondentwife) had died in an accident in the month of September, 2002. Thereafter, she performed a Karewa marriage with Jagpal Singh (petitioner-husband) as per customs on 1.10.2002 and they started living together as husband and wife alongwith the two minor daughters.

(2.) According to the respondent-wife that sufficient dowry articles were given by her parents at the time of her marriage, but the petitioners were not satisfied with it. They treated her with cruelty in connection with and on account of demand of dowry. They gave beatings and ultimately turned her out of the matrimonial home. She started residing with her brother and mother. As the petitioner- husband has withdrawn from her society without any reasonable cause, therefore, she filed a petition for restitution of conjugal rights, which was decreed on 8.9.2005. Thereafter, a panchayat was convened and the matter was resolved. She and her children were sent to live with her husband in village Kherewala, but in vain. The petitioners again started torturing her in this relevant connection.

(3.) Levelling a variety of allegations and narrating the sequence of events, in all, the respondent-wife claimed that the petitioner-husband and his father have treated her with cruelty in connection with and on account of demand of dowry and are guilty of penal law as well as provisions of the Protection of Women from Domestic Violence Act, 2005 (for short "the Act"). On the basis of aforesaid allegations, the respondents filed an application (Annexure P1) under Section 12 of the Act against the petitioner-husband and his father in this context.