JANGIR KAUR Vs. HARCHARAN SINGH

JUDGEMENT

(1.) This appeal has been preferred against the decree of divorce granted by the Additional District Judge, Faridkot, on the ground of cruelty and desertion in favour of the respondent-husband.

(2.) Marriage between the parties took place on 5.12.1987. The respondent-husband filed a petition on 26.7.1993 for divorce on the ground of desertion and cruelty alleging, inter alia, that the appellant-wife did not like him and deserted him two days after the marriage even without consummation of the marriage, she was dissatisfied with the ornaments given by the parents of the husband, she filed a petition under Sec. 125 Cr. P.C. and lodged FIR against the respondent-husband and his family members under Sections 406/498A Penal Code. The appellant-wife contested the petition and stated that the respondent-husband and his patients demanded a sum of Rs. 50,000.00 and since the appellant-wife was not able to comply with their demand, she was turned out of the house and though she was willing to live with the husband, he was not prepared for the same. The trial Court held that the appellant-wife was proved to have deserted the respondent-husband and to have treated him with cruelly, the version of the appellant-wife that the respondent-husband and demanded dowry was not supported by any evidence and it was shown that the appellant-wife had made no efforts to join the respondent-husband.

(3.) I have heard learned Counsel for the respondent and perused the record of the case. The trial Court has held that the wife was living separately and was not willing to live with the husband. It has been further held that since no dowry was demanded initially, the same could not have been demanded later and since the wife filed a criminal case, the wife was guilty of cruelty. I am unable to uphold the findings of the trial Court. In view of the considered stand of wife in her evidence as well as in proceedings in this Court as well as before the Lok Adalat that she was willing to live with the husband and the consistent stand of the husband that he was not willing to keep the wife, inference of desertion is unjustified. Inference of cruelty is equally unjustified on the assumption that since husband did not demand dowry before the marriage, he could not have demanded the same later.