MALKIT KAUR Vs. MOHAN SINGH

JUDGEMENT

(1.) The present appeal has been filed by the appellant-wife, aggrieved against the judgment and decree of the Addl. District Judge, Kaputhala dated 24.2.2011, dismissing petition filed by her, for grant of divorce on the ground of cruelty and desertion even though the respondent-husband had preferred not to appear.

(2.) The case pleaded in the petition filed on 14.6.2010 under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") by the appellant was that the marriage was solmnised between the parties on 15.12.2005 at village Lasara, Tehsil Phillaur, District Jalandhar according to Sikh rites and ceremonies. The parties had lived together as husband and wife and cohabited at Phagwara but no child was born from the wedlock. The parents of the appellant-petitioner had given sufficient dowry articles to her and to the husband at the time of marriage including gold jewellery weighing about 10 tolas, colour T.V., fridge and other house hold articles. More than 100 baratis were accommodated and Rs. 5 lacs were spent on the marriage but the respondent-husband had started harassing the appellant-petitioner on one pretext or the other particularly on the ground that she had got less dowry and quarrelled with her on small and petty matters and insulted her publicly. The respondent-husband had given merciless beatings to the appellant-petitioner on several occasions though the appellant was performing her duties like a dutiful wife. A demand was made to bring Rs. 2 lacs from her parents because respondent-husband intended to go abroad and when the appellant petitioner showed her inability to bring such a huge amount she was turned out of her matrimonial home in the month of Jan., 2006 in three clothes. She returned to her parental house and told her parents regarding the demand. A Panchayat was convened in the first week of Feb., 2006 but the respondent-husband and his parents refused to rehabilitate the appellant-petitioner unless the demand of Rs. 2 lacs was not fulfilled. It was later on learnt that the respondent-husband had gone to Germany and he did not bother to contact the appellant-petitioner even by way of telephone or any other mode of communication and he had not returned to India. The appellant-petitioner had learnt that the respondent was living with a woman in Germany and was keeping the said lady as his wife. Thus, the ground for divorce was desertion and cruelty.

(3.) Registered cover notice was sent to the respondent at his address in Germany and thereafter on an application for substituted service, service was effected by publication in the Times of India. The respondent-husband was thereafter proceeded against exparte. The appellant-petitioner apart from submitting her affidavit in support of her case also filed affidavit of her father Santokh Singh and Sh. Balbir Singh, Member Panchayat, village Lasara.