KULDIP SINGH Vs. SURINDER KAUR

JUDGEMENT

(1.) THIS appeal filed under Section 28 of the Hindu Marriage Act, 1955 (for brevity, 'the Act') is directed against the judgment dated 2.2.1995 passed by the Additional District Judge, Ambala dismissing the petition preferred by the appellant seeking divorce under section 13 of the Act.

(2.) THE facts, in brief, are that the parties were united in the wedlock on 22.6.1986 at Ambala Cantt by performing Anand Karaj as per Sikh rites. They lived together after the marriage and co-habited. A male child, namely, Gagandeep Singh was born out of the wedlock on 10.3.1989 at Palampur where the appellant as posted is Junior Engineer.

(3.) THE stand taken by the respondent-wife in her written statement filed before the Additional District Judge is that the petition is barred under Section 23 of the Act and the appellant-husband cannot be permitted to take benefit of his own wrongs. It has further been asserted that the petition is barred by principle of res judicata. The allegations that the respondent-wife has threatened to initiate criminal proceedings against the appellant husband or any of his family members and that her father concealed material facts from the appellant-husband have been stoutly denied. It is asserted that the respondent-wife has been tortured and maltreated by the appellant-husband and was turned out of the matrimonial home on 24.1.1992 against her wishes. After 24.1.1992, she alongwith her minor son is living with her old parents. The allegation that compromise has been written at Sahara counseling Centre, Ambala Cantt and that she is employed as a teacher earning Rs. 2,500/- per month have been specifically denied. It is further stated that the appellant- husband was visiting the respondent-wife at her parental home and the marriage has been consummated as the appellant-husband stayed with the respondent-wife.