LAWS(P&H)-2001-8-235

BALJIT SINGH Vs. BALWINDER KAUR

Decided On August 16, 2001
BALJIT SINGH Appellant
V/S
BALWINDER KAUR Respondents

JUDGEMENT

(1.) This appeal has been preferred by the appellant-husband against the dismissal of his divorce petition on the ground of cruelty.

(2.) Marriage between the parties book place on 20-2-1994. No child was born out of the wedlock. The appellant-husband filed a divorce petition on 18.2.1995 alleging inter alia that the respondent-wife wanted the appellant-husband to become follower of Baba Jhandewala and on appellant-husband's refusal, the respondent-wife become furious and started quarrelling, she threatened to kill the appellant-husband if he did not became the follower of Baba Jhandewala and she deserted the matrimonial home on 3.2.1995. The appellant-husband went to meet the respondent-wife on learning that she was unwell and she and other family members gave him beating. The respondent-wife contested the petition stating that the appellant-husband illtreated her on account of her not fulfilling the demand for dowry. The trial Court after appreciating the evidence on record rejected the appellant-husband's version and held that the respondent-wife had not treated the appellant-husband with cruelty. It was observed that the allegations of the appellant-husband were vague and unsubstantitated. The version of the appellant-husband that the respondent-wife and her relatives gave him beating, was also found to be without any substance.

(3.) The matter was referred to Lok Adalat and on finding that there was no possibility of compromise, it was again sent back to High Court for its decision on merits.