GURSHARAN KAUR Vs. AJIT SINGH

JUDGEMENT

(1.) THE marriage between the spouses was solemnised on 10.7.1977 according to Sikh marriage rites and that the Anand Karaj ceremony was also duly performed. The marriage was duly consummated at the place of residence. A son was born from this wedlock on 22.10.1978 and thereafter another son was born on April 28, 1985.

(2.) IT is in 1995, a petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as "the Act") had been filed by the husband seeking dissolution of marriage by way of obtainment of decree of divorce. It has been alleged that the behaviour of the wife towards the petitioner had been insulting, humiliating and contemptuous from the very beginning. However, to maintain peace and harmony and to save the honour of the family from the social disgrace, the husband continued to swallow such insinuations. It is further alleged that the wife fell into the syndrome of comparison of two houses i.e. house of her family and the house of her husband, resultantly, she tried to sit in judgment upon the standards of two houses.

(3.) THE husband is an Electrical Engineer by occupation and had joined service in Merchant Navy. Being in Merchant Navy, he is to function on contract basis, and therefore, was expected to remain on sea for about 8 to 9 months in 12 months. On various occasions whenever it was permissible, the husband had been taking out children and his wife on vacations on the ship. It was expected that at least she would be behaving in a normal manner on the ship where the husband was also accompanied by other colleagues/crew members. However, her behaviour was not respectful rather of the husband was ridiculed on various occasions in front of his collegues. The language which was used, was too derogatory and on one such occasion on the ship, the husband was accompanied by his brother Iqbal Singh who happened to be the Chief Engineer. It became almost difficult for him to take his family on ship, being always under a fear that she might create a scene which may not be digestible by the husband as the effect thereof could be insulting. However, whenever she was left alone with the children, he always sent sufficient money so that children and she herself could live comfortably.