SARJIWAN SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) PETITIONER -husband Sarjiwan Singh and respondent No. 1 wife Smt. Surjit Kaur contracted marriage on February 22, 1987. The marriage was solemnised by performance of Anand Karaj ceremony at village Jheeta Kaian, Tehsil and District Amritsar. The marriage was co -habited and a daughter namely Inderjit Kaur was born on February 10, 1998 at Amritsar. Both the spouses developed some difference. The complaint of the husband is that his wife developed illicit relations with her brother -in -law Balwinder Singh Malhi and resultantly the trust in the marriage has broken down.

(2.) ON the other hand, respondent No. 1 the wife has controverted all these allegations and has stated that she had been living with him at village Makhanwindi. She had become pregnant twice but the child so conceived was aborted at the asking of the husband because on both occasions as per the test, a female child had been conceived. Whereas the husband was always wanting a male child being the only son of his parents. Thus, the allegation has been levelled only to create a hypothetical ground for seeking divorce from the respondent.

(3.) THE petitioner appeared as his own witness and has stated that while being posted as security man to the then chief Secretary, he was residing at House No. 2165, phase -VII, Mohali. It was on November 3, 1994 at about 3.30 p.m. he came back to the house and he did not find anybody downstairs and he went upto the room of Balwinder Singh Malhi and knocked at the door. The door was opened after about 15 minutes by respondent No. 1 i.e. his wife and that her hair were dislevelled and Balwinder Singh was also present in the room. On enquiry, both of them were unable to give any answer as to why they both were in the room. It is also stated that said Balwinder Singh Malhi used to come to the village of the petitioner and his wife used to come back with him. He did not like this act on the part of his wife. She was taken to Golden Temple at Amritsar where she stated on oath that she will not have any such relation with any person in future. She had also stated that if any such relations are found by him relating to her, she may not be spared and he shall be entitled to act in the manner in which he may like. It is further stated that despite this fact he did not trust her and resultantly started living separately. He has not been able to condone her such acts. He has not been able to disclose as to who owns House No. 2165 Phase VII, Mohali but has only stated that it is owned by some relations of Smt. Surjit Kaur wife of Salwinder Singh Malhi. It has been admitted by him that Shri Balwinder Singh Malhi has one adopted son and a daughter. The sister of his wife Surjit Kaur is a Teacher at Gurdaspur and that normally she resides at Gurdaspur but visits Mohali during vacations or on leave. He has also stated that he had never executed any rent deed in respect of the premises and had never paid any rent to any person. He has also admitted that the pay drawn by him is about Rs. 3500/3600 per month. He has not been able to produce the bills for electricity and water consumption which could be said to have been paid by him. It has also been admitted that in 1994 Akhand Path was held in village Makhanwindi.