KANWAL RANBIR SINGH Vs. NARINDER KAUR ALIAS NISHA

JUDGEMENT

(1.) Kanwal Ranbir Singh, the husband, has filed this appeal against the judgment and decree dated October 26, 1989, passed by Additional District Judge Ludhiana, dismissing his petition filed under section 13 of the Hindu Marriage Act for a decree of divorce by dissolution of marriage.

(2.) The parties were married on November 29, 1979 according to Sikh rites. They lived at Ludhiana. Out of the wedlock three children were born. The husband claimed divorce on the grounds of adultery and cruelty. It was alleged that the treatment of Narinder Kaur, the wife, towards the children was not good. The eldest child of the parties was adopted by Raghbir Singh, elder brother of the husband with the consent of Narinder Kaur. She insulted the husband many a times in the presence of relations and friends. In June 1986, she left the house of her husband. However, with the intervention of the Panchayat she came back admitting her guilt in the presence of the Panchayat in July 1986. However, there was no change in her behaviour. She used to slip away from the house for hours together without informing the husband or other members of the family. She was habitually leading adulterous life. On May 12, 1988, she left the house on the pretext that she wanted to go to the hospital for getting E.C.G. done. She did not turn up till evening. On enquiry the husband came to know that she had never gone to the hospital or to her parent's house. He, therefore, lodged a report at Sunder Nagar Police Post, Ludhiana, on May 15, 1988 about her missing. It was thereafter that he came to know that she had run away with Tari, respondent No. 2. She was found in the company of Tari at the Police Station Mohali and brought with the assistance of Swaran Singh and Mohan Singh.

(3.) The petition was contested by Narinder Kaur as well as by Tari. She denied her relationship with Tari. She also denied the allegations of adultery and cruelty. She further alleged that adoption of her eldest child was against her wishes and when she objected she was asked to bring Rs. 50,000/- from her parents. She was maltreated by the husband and his family members who levelled false allegations against her character. Raghbir Singh, elder brother of her husband, had also filed a petition for divorce against his own wife on similar allegations. She was turned out of the house in April 1988. She approached her husband in a Panchayat but he refused to rehabilitate her and demanded Rs. 50,000/-. Tari respondent also denied the allegations levelled against him. Following issues were framed: