JOGINDER SINGH Vs. RAJWINDER KAUR

JUDGEMENT

(1.) This appeal has been filed by the appellant-husband against the order dtd. 1/10/2016 passed by learned Additional District Judge, Tarn Taran whereby the appellant's petition under sec. 13-A of the Hindu Marriage Act,1955 for dissolution of marriage by a decree of divorce has been dismissed.

(2.) Briefly stated the facts of the case are that the marriage between the parties was solemnized in the year 2009-2010. It is stated to be a simple marriage with no exchange of gifts or dowry articles. No child was born out of their wedlock. It is the appellant's case that since the very beginning the respondent did not want to live in the matrimonial house along with his parents and wished to live separately. The respondent also did not perform her matrimonial duties and would pick up quarrels on trifle matters and would insult the parents of the appellant. It is further alleged that the respondent has a "venom-oozing tongue". She even threatened to involve the appellant and his family members in false dowry case. It is stated that on 13/10/2013 the father of the respondent took her away and the respondent took all her belongings and gold ornaments with her and never came back thereafter. The appellant even convened a Panchayat; and on 10/11/2013, he along with his parents and other respectables went to the house of the parents of the respondent for reconciliation, but to no avail.

(3.) On the other hand, the respondent before the Family Court, has stated that the appellant's petition under Sec. 13 was a counter blast to her petition under Sec. 125 Cr.PC; and the FIR No. 33 dtd. 25/3/2014 under Ss. 406, 498-A, 120-B IPC, PS Patti, that she had got registered against the appellant and his family. She stated that all the demands of the appellant and his family members were met and generous items of jewelry and other dowry articles were gifted to them, however, the appellant and his family members mis-appropriated the same and ill-treated her and beat her and their greed for more dowry articles was endless, whereupon she was left with no alternative but to register the abovesaid FIR against them. She further stated that she was thrown out of the matrimonial home on 13/10/2013 with nothing except the clothes she was wearing. Respondent also stated that her parents and other relatives and other respectables had approached the appellant and his parents for rehabilitation of the respondent in her matrimonial house, however, the appellant had refused to take her back.