BALWINDER KAUR Vs. BHAJAN SINGH

JUDGEMENT

(1.) THIS is an FAO filed by Smt. Balwinder Kaur and has been directed against the judgment and decree dated 3.8.1993 passed by the learned Additional District Judge, Hisar who dismissed the petition of the appellant under Section 13 of the Hindu Marriage Act.

(2.) THE brief facts of the case are that Smt. Balwinder Kaur-appellant filed a petition under Section 13 of the Hindu Marriage Act against her husband Bhajan Singh on the ground of cruelty. It was inter alia pleaded by the petitioner that her marriage with the respondent was solemnised according to Sikh rites on 10.3.1989 in village Khai, Tehsil Ratia, District Hisar. They cohabited with each other as husband and wife and out of this wedlock, two female children, namely, Jaswinder Kaur and Kanwaljit Kaur were born. Brother of the petitioner Harjinder Singh was married with the sister of the respondent namely Daljit Kaur and out of that wedlock a male child by name Mangha Singh was born. The brother of the petitioner died about one year back prior to the date of filing of the petition which was instituted on 24.8.199. After 20 days of the death of Harjinder Singh, his widow Daljit Kaur left the house and took away her dowry articles to the house of her parents. She also took her son with her. After the death of Harjinder Singh, the respondent-Bhajan Singh, his parents, brothers and sisters started maltreating the petitioner on petty matters. She was kept nicely till the death of her brother Harjinder Singh. The respondent and his other family members including the widow of Harjinder Singh, namely, Daljit Kaur intended to kill the petitioner and in order to achieve that object, they started giving her injuries on several occasions. Once the brother of the petitionr namely Pritam Singh came to village Sangha Dhani in order to bring back the petitioner but instead of sending her with her brother, he was very badly insulted. It is further alleged by the petitioner that in the month of January 1992 she was given merciless beatings by the respondent, his father and brothers. They put kerosene oil on her in order to burn her. The petitioner became unconscious due to the injuries given to her. The respondent and his father and brother took the petitioner and left her at her parents house. On 29.7.1992, the respondent along with his father, brothers and some police persons came to the house of the petitioner-appellant in village Khai and forcibly took her with them. No one else was present in the house at the time when the petitioner was confined in a room in the house. She was not provided food for 2 days. The mother and brother of the petitioner made a search of the petitioner. After about a week, they visited the house of the respondent at village Sandha Dhani and requested the respondent to send the petitioner with them but their request was declined by the respondent and his family members. The mother of the petitioner had obtained warrants under Section 97 of the Code of Criminal Procedure from the Court of Sub Divisional Magistrate, Fatehabad and with the assistance of the police the petitioner was brought to the Court of Sub Divisional Magistrate, Fatehabad where she made a statement. Thereafter, she was sent to the house of her parents along with her brother Pritam Singh. Since then the petitioner is residing in the house of her parents. With these broad allegations, the petitioner is residing in the house of her parents and she has made a prayer for decree of divorce.

(3.) THE stand of the respondent was of total denial. From the pleadings of the parties, the learned trial Court framed the following issues for the disposal of the petition:-