MOHINDER SINGH Vs. HARBANS KAUR

JUDGEMENT

(1.) THIS Letters Patent Appeal has been filed against the judgment of learned single Judge of this Court dated 28-1-1987, whereby, judgment and decree passed by the trial Court granting divorce on the ground of desertion in favour of Mohinder Singh (hereinafter referred to as the 'husband') against Harbans Kaur (hereinafter referred to as the 'wife'), was set aside.

(2.) ADMITTEDLY, the marriage between the parties was solemnized on 29-6-1979 at village Khadial, District Sangrur. After the marriage, as per allegations of the husband, the parties lived together as husband and wife for about 1 1/2 years at village Shahpur Kalan. No child was, however, born out of the said wedlock. About 3 1/2 years prior to the filing of the present petition i. e. somewhere in the year 1981, Shingara Singh, brother of the wife, came to village Shahpur Kalan, and, took away the wife with him on the pretext that her father Kartar Singh was seriously ill and the latter wanted to see her. It was further pleaded that at the time when the wife accompanied her brother, she took away all her gold ornaments and other clothes. After about 20 days or so the husband went to the house of her in-laws in order to bring his wife. At that time her father told him that she would be sent to her matrimonial home later on. The wife did not return to the house of her husband. The husband and his father along with ,a pan-chayat went to the parental house of the wife. In spite of persuasion by the panchayat, the wife did not return to her matrimonial home. Thus, the wife had deserted her husband for a continuous period of more than two years immediately preceding the presentation of the petition for grant of decree of divorce. It was further pleaded that even during the period when the wife stayed with the husband, she never co-operated her husband; that she behaved in a rash manner and in this way she treated her husband with cruelty.

(3.) IN her written statement, the wife admitted the factum of her marriage. According to her she lived with her husband for about 3 1/4 years. She denied that her brother Shingara Singh brought her from her husband's house or that she brought any ornaments or clothes with her. She further pleaded that she was forcibly deprived of her all gold ornaments and valuable articles and after giving beating she was turned out of her matrimonial home. Her father went twice to the house of her husband and requested the husband to keep her with him but the husband refused to do so. She further pleaded that she apprehends danger to her life at the hands of her husband. It was also pleaded in the written statement that father-in-law of the wife used to coerce her to bring more dowry from her parents who could not meet the demand.