KULWINDER KAUR Vs. JAGDISH SINGH

JUDGEMENT

(1.) KULWINDER Kaur and her two children Ramandeep Kaur and Hardip Singh have filed the present appeal and it has been directed against the judgment and decree dated 22.1.2000 passed by the learned Additional District Judge, Rupnagar, who allowed the petition under Section 13 of the Hindu Marriage Act filed by Jagdish Singh, husband of Kulwinder Kaur on the ground of desertion and cruelty. I may also make a mention here, first, that in the trial Court, the children were not made parties to the proceedings, but this appeal has been filed on their behalf through their mother Kulwinder Kaur. Perhaps for the reason that since they are the children to the parties of marriage, they are likely to be affected by the judgment and decree. Be that as it may, I am of the opinion that Ramandeep Kaur and Hardip Singh have no locus standi to file the present appeal.

(2.) IT may also be mentioned here that Jagdish Singh filed a petition under Section 13 of the Hindu Marriage Act against his wife Kulwinder Kaur on the ground of desertion and cruelty and on the ground that she was seen in the company of Tarsem Lal-respondent No. 2 many times. Therefore, it should be inferred that Kulwinder Kaur was living in adultery with Tarsem Lal who was impleaded as respondent No. 2 in the trial Court. The trial Court decided issue No. 1 against the husband and issues Nos. 2 and 3 were decided in his favour. Resultantly, decree of divorce was granted on the ground of desertion and cruelty.

(3.) RESPONDENT -Jagdish Singh suffered a fracture on his leg and he was confined to bed. It is alleged by him that when he was confined to bed, appellant-Kulwinder Kaur did not care for him. She used to leave him by making lame excuses that her children were not feeling well and sometimes she used to allege that she has to visit her parental house at Mohali. In fact, appellant-Kulwinder Kaur used to move with respondent No. 2-Tarsem Lal in a car/taxi freely. She was living in adultery with respondent No. 2 and finally she left the matrimonial home in July, 1993. It is also the case of the respondent-Jagdish Singh that appellant-Kulwinder Kaur never prepared any meals for him when he was confined to bed, rather she used to condemn him by saying that he was illiterate and of middle standard whereas she is a matriculate. Appellant-Kulwinder Kaur moved an application before the Morinda Police and as a result of that, respondent-Jagdish Singh was arrested in the month of April, 1993. The respondent-Jagdish Singh was kept in police station and was misbehaved by the police at the instance of appellant-Kulwinder Kaur. After leaving the house in the month of July, 1993, appellant-Kulwinder Kaur did not join the company of the respondent-Jagdish Singh. Respondent-Jagdish Singh has not condoned the acts of cruelty on the part of appellant-Kulwinder Kaur. So much so that appellant-Kulwinder Kaur filed a petition under Section 125 of the Code of Criminal Procedure in the Court of Chief Judicial Magistrate, Rupnagar, and that petition is pending. On these allegations, the respondent-Jagdish Singh had sought a decree of divorce against the appellant-Kulwinder Kaur by adding Tarsem Lal as respondent No. 2.