KIRAN BALA Vs. RAJ KAPOOR

JUDGEMENT

(1.) The appeal has been filed by the wife against the dismissal of a petition for divorce. The appellant s contention was that her husband was a drunkard and was a womanizer. He used to beat her mercilessly and on one occasion on 30.06.2002, he levelled false allegations against her imputing unchastity and threw her out of the house. There had been two children, a boy and a girl through the marriage and she always wanted to go back to live with him if he had assured himself of good conduct. Panchayat was convened on 04.08.2003 in the presence of respectable members but the respondent was not prepared to take her back.

(2.) The respondent had denied all allegations and also brought in evidence a document of compromise purported to have been executed voluntarily by the appellant and the respondent on 07.04.2004 when she voluntarily declared that she will not have any association with a person by name, Khan and that she would go and live with their children in the husband s house without any quarrel. The wife denied the contents of the document although she admitted the signature but said that this was brought about at the police station using her signature taken on blank paper. At the trial, the appellant sought to explain that the signature was taken in her own house and the signature found in the same document of all persons named Ashwani Kumar and Raj Kumar were very well known to her. The wife also admitted that Raj Kumar was her coemployee.

(3.) The appellant examined herself in evidence to say about the physical cruelties and beatings alleged to have been visited on her by the husband. The wife had contended that children have grown reasonably big above 10 years of age and they had no love for their father since the father never attempted to establish any contact with them. They did not also want to live with their father. The respondent examined himself and brought two witnesses, one of whom was a neighbour at the place of residence in Ferozepur. Both of them had stated that there used to frequent quarrels between the husband and the wife but there was nothing particularly wrong about the conduct of the husband.