JASWINDER SINGH Vs. SATVIR KAUR

JUDGEMENT

(1.) The husband has filed the instant appeal against the judgment and decree dated 24.10.2011, passed by the court of Additional District Judge, Hoshiarpur, whereby the petition under Section 13 of the Hindu Marriage Act, 1955, filed by the wife (respondent herein) for dissolution of marriage on the ground of cruelty has been allowed and the marriage between the parties has been ordered to be dissolved.

(2.) At present, the appellant-husband is residing in Canada. He has filed the instant appeal through his Special Power of Attorney. During the trial, an interim order of maintenance was passed by the trial court on 26.7.2010, directing the appellant-husband to pay the litigation expenses and interim maintenance to the respondent-wife, but the appellant-husband failed to make the said payment. Ultimately, vide order dated 27.9.2011, his defence was struck off. He has left the matrimonial home and settled in Canada and on the other hand, he is not maintaining the respondent-wife.

(3.) The trial court, after taking into consideration the conduct of the husbandappellant as well as the aforesaid facts, while relying upon the decision of this Court in Balwinder Kaur Vs. Kashmir Singh, 1993 3 RRR 539, and while coming to the conclusion that the respondent-wife has proved the cruelty, as alleged in the petition, passed the decree of divorce on the ground of cruelty.