LAKHWINDER SINGH Vs. HARDISH KAUR

JUDGEMENT

(1.) THE present appeal is directed against the judgment and decree passed by the District Judge, Gurdaspur whereby his petition for dissolution of marriage under Section 13 of the Hindu Marriage Act was dismissed.

(2.) THE marriage between the parties was solemnised on 7.12.1989 and two children, one daughter and one son, was born out of the said wedlock on 25.1.1991 and 19.6.1993, respectively. The appellant has alleged that the relations between the parties remained cordial for a couple of month and thereafter the bickering started. The behaviour of the wife is alleged to be rude and she used to quarrel with the appellant even on petty matters. The respondent-wife is employed as Gram Sewika whereas appellant-husband is a Constable. It is alleged that the respondent is graduate and sophisticated lady whereas appellant is even not matriculate. In these circumstances, the appellant alleged that the respondent used to say that the appellant was not of her liking. The appellant tolerated the respondent with the hope that good sense will prevail upon her but she did not mend her ways and in December, 1994, after abandoning the children, she had left the matrimonial home. She had taken away her precious clothes and gold ornaments. Efforts were made for reconciliation but she had not agreed. It is further alleged that the Doctor has found that the respondent was suffering from tuberculosis and, therefore, she left the matrimonial home for treatment.

(3.) THE husband has appeared as his own witness and examined Jagdish Singh, PW2, Surat Singh, PW3 and Harbhajan Singh, PW4. On the other hand, respondent herself appeared as RW2 and examined Dr. H.S. Bajwa as RW1.