BHAGWAN SINGH SHER SINGH ARORA Vs. AMAR KAUR

JUDGEMENT

(1.) THIS is a husband's appeal from the judgment of the Subordinate Judge, muktsar, dismissing his petition for dissolution of his marriage with his wife Amar kaur respondent, under S. 13 of the Hindu Marriage Act.

(2.) THE parties were married to each other at village Chipli of Tehsil Dipalpur district Montgomery (now in Pakistan) on 20th of August 1940. These issues were born on of this union; two daughters on 2nd of December 1941 and 8th of January 1946 respectively, and a son on 10th of November 1948. A decree for divorce was sought on the ground of adultery committed by the respondent-wife with corespondent, such a Singh, on or about 21st of October 1955 in Gulshan Hotel, bhatinda, and at Kot Bhai from 16th of January 1954 to 31st of May 1956 and with unknown persons of Abul Khurana from 8th of January 1958 to 31st of March 1958. The petitioner-husband made an allegation that his wife as a result of her adulterous conduct had been expelled from the Education Department where she had been employed as a teacher till 31st March 1958. Reliance was placed in the petition on the general reputation which the respondent-wife had at the various places she was posted as a teacher. The petition was presented on 27th of August 1958 and it was asserted that it had not been induced by collusion or connivance nor had the adultery been condoned by the petitioner at any stage.

(3.) THE petition was contested by the respondent, Amar Kaur, who pleaded that she had been turned out of the house by her husband after he had taken away her ornaments in the month of January 1953. While admitting that she worked as a teacher in different schools, she denied the charge of adultery leveled against her. According to her, the petition for divorce was by way of retaliation to the application which she had presented for maintenance under S. 488 of the Cri. P. C. In order to invest the Ferozepur Court with jurisdiction, the petitioner averred in paragraph (3) that he last resided and cohabited with his wife at Malout Mandi up to 26th of June 1958. The wife denied this position altogether and stated that while they were married in Pakistan, she never lived with her husband in Malout mandi. The jurisdiction of the Ferozepur Court to try the petition for divorce was challenged. Though the plea of jurisdiction appears to have been raised the only issue which has been framed is as under: "whether the applicant is entitled to get divorce on account of adultery petitioner?"