SURJIT KAUR Vs. AJMER SINGH

JUDGEMENT

(1.) Surjit Kaur has preferred this appeal against the judgment of Shri Mewa Singh, Additional District Judge, Amritsar, dismissing her petition under section 13 of the Hindu Marriage Act, seeking dissolution of her marriage with Ajmer Singh on the ground that she was treated with cruelty.

(2.) The admitted facts of the case are that the parties married in 1971. The first daughter was born in 1973 and the second in June 1976. Surjit Kaur's case is that two years after the marriage Ajmer Singh began treating her with cruelty. She was not only beaten but also abused because she was called ugly by him and because she had not brought sufficient dowry. She was once turned out in 1973 but later in consequence of the intervention of the respectables she again began living with him. He began to maltreat her and in January 1976 she was turned out of his house. Ever since she has been residing with her parents in village Pakhoke.

(3.) On the other hand, Ajmer Singh totally denied the allegations of cruelty levelled against him. He pleaded that Surjit Kaur herself went to her parents in May 1976 and did not return thereafter in spite of the efforts made by him. Ajmer Singh, who is a Government servant, further pleaded that because he had been under suspension, Surjit Kaur took up a stand that she would only return after his re-instatement. On the pleadings of the parties the following issues were framed :-