GURDIP KAUR Vs. BALBIR SINGH

JUDGEMENT

(1.) SMT. Gurdeep Kaur, the wife, has filed this appeal against the judgment and decree of Additional District Judge, Jalandhar dated February 14, 1989 dissolving the marriage of the parties under Section 13 of the Hindu Marriage Act on the petition filed by Balbir Singh, the husband.

(2.) THE marriage between the parties was solemnised on October 12, 1983 at Jalandhar city. They lived together for about 3-1/2 years. During this period Gurdeep Kaur conceived a child, however, delivered a dead child. At the time of the marriage the husband was living in house No. B-14/908-A, Arjan Nagar, Jalandhar City along with his parents and other members of the joint family. Though the wife was loved and respected by members of the family, however, after about a month of the marriage the wife started asking the husband to have an other house to live separately from his parents. The husband having failed to persuade his wife to live jointly, ultimately arranged for a separate house. She all along insisted that if she would not be taken to a separate house, she would commit suicide. Even after shifting to the new house, she gave such threats of committing suicide. Earlier also she declined to take food prepared by the mother of the husband suspecting mixture of poison and gave a similar threat to commit suicide. As and when some relations visited the house, the wife refused to wish them and on one of the occasions she hurled shoe towards the petitioner. She had no interest in the house. She declined to do house-hold work stating that she was not the domestic servant. On June 2, 1984 she left the house to stay with her parents. She stayed there till July 13, 1985. Even thereafter her attitude towards the husband did not improve. In May, 1987 a separate house was arranged by the husband. All the allegations made in the petition were denied by the wife who inter alia alleged that the husband and his parents continued demanding articles of dowry such as scooter and her salary. In the marriage dowry articles worth Rs. 1,00,000/- were given by her parents. Since such demands were not fulfilled she was ill-treated and tortured and on June 5, 1984, she was given beating and turned out of the house. The husband and his mother visited their house on June 8, 1984 and created a scene in the street to defame her and her parents. She suffered shock on this illtreatment and gave birth to a pre-mature baby on June 13, 1984 who was already dead. The husband and his relations did not visit the hospital on the birth of the child. Panchayats were arranged but to no effect. Her brother had settled abroad and on that account the husband and her in-laws demanded scooter and V. C. R. These demands were not met. She was so much harassed that once she was compelled to commit suicide. In the replication the husband reiterated the stand while denying the allegations of the wife. The trial proceeded on the following issues : -

(3.) BOTH parties led oral evidence. Balbir Singh husband appeared as PW 1. His father Sadhu Singh PW 2 and Hans Raj PW 3 were produced by him. On the other hand Gurdeep Kaur appeared as RW 1. Mohan Singh RW 2 and Banta Singh RW 3 were produced by her.