MANJIT KAUR Vs. AVTAR SINGH

JUDGEMENT

(1.) THIS is wife's appeal and has been directed against the judgment and decree dated 3.5.1999 passed by the District Judge, Sangrur, who allowed the petition under Section 13 of the Hindu Marriage Act, 1955, and granted a decree of divorce on the ground of cruelty. The brief facts of the case are that Avtar Singh Chahal filed a petition under Section 13 of the Hindu Marriage Act against his wife by inter alia pleading that the marriage between the parties was solemnised on 9.12.1990. The parties after the marriage cohabited with each other as husband and wife and out of the wedlock, a male child was born on 16.12.1991 and his name is Aminderjit Singh. It is also alleged by the husband that the appellant treated him with cruelty. Her behaviour was very cruel. She never tried to adjust herself in the house and she was adamant to live separately in the city life. It was not possible for him as his mother is a widow lady and she was dependent upon him. The appellant without information to her husband and his mother, used to leave the house with the minor child. She confined herself in a room with a threat to commit suicide, she also showed disrespect to the photograph of his father and shouted on him and his mother disgracefully. She also moved applications to the Women Cell of Police at Patiala and Sangrur and also before DSP Sanum with intent to harass them and defame them. She caused so much cruelty, mental agony, torture and distress to him that now he cannot expect reasonably to live with her. She lived with him for few days occasionally. Ultimately, she left and took the child with her. He along with respectables including Santokh Singh, Avtar Singh, Buta Singh attempted number of times to bring her back. He had to file petition for restitution of conjugal rights and in reconciliation proceedings of that case, she showed unwillingness to live with him and when she was sent, in reconciliation with him, she threatened to kill herself. She filed a petition for maintenance under Section 125 Code of Criminal Procedure. He had not condoned her acts of cruelty.

(2.) WITH these board allegations, the respondent sought a decree for divorce. Notice of the petition was given to the appellant who filed reply and denied the allegations.

(3.) THE respondent filed a rejoinder to the written statement. From the pleadings of the parties, the learned trial Court framed the following issues :-