HARBANS KAUR Vs. JOGINDER PAL

JUDGEMENT

(1.) Heard learned counsel for the parties at length.

(2.) Appellant-wife has come up in this appeal against the judgment and decree dtd. 21/10/2016 of the Family Court whereby petition filed by the respondent-husband under Sec. 13 of the Hindu Marriage Act, 1955 (for short 'the HMA') seeking dissolution of marriage by a decree of divorce has been allowed and he has been granted divorce.

(3.) The marriage of appellant-Harbans Kaur was solemnised with respondent-Joginder Pal on 13/12/1992 at Banur, District Patiala, as per Hindu rites. Four children were born out of this wedlock. As per husband, when he filed petition under Sec. 13 of the HMA, behaviour of the respondent was very cruel, barbaric, rude and crude towards the respondent from the very beginning. Appellant had earlier filed a divorce petition and compromise was effected between the parties. Appellantwife thereafter filed a petition under Sec. 12 of the Protection of Women from Domestic Violence Act on 3/5/2011 and the same was dismissed vide order dtd. 26/2/2014. Appeal against the said order was also dismissed vide order dtd. 30/8/2014. Appellant also got registered FIR No.233 dtd. 7/5/2011 under Ss. 323, 325, 506 and 34 IPC at Police Station Nissing against the respondent but in that case he was acquitted. It is further stated that the wife had tried to take forcible possession of the agricultural land owned and possessed by the respondent situated at village Bhola Khalsa, District Karnal and civil suit against the appellant is pending in District Courts, Karnal. It is further alleged that appellant was living in adultery with some person in the year 2012 and she forcibly turned out the respondent along with his four children from the house. Since then husband is residing in village Samaspur, District Kurukshetra in a rented house and no cohabitation has taken place between them since then. When the marriage of their daughter was fixed by the respondent, he had requested the appellant to join the marriage but she taunted that she had no concern with the respondent and his children. In this backdrop, the divorce petition was filed.