NARINDER KAUR Vs. NARINDER PAL

JUDGEMENT

(1.) THE present appeal is by the wife aggrieved against the judgment and decree passed by learned Additional District Judge, Hoshiarpur dissolving the marriage between the parties on the ground of cruelty, desertion and adultery.

(2.) MARRIAGE between the parties was solemnized on 21.1.1983 as per Sikh rites at village Barri Buddi, Police Station Nazibabad, District Bijnaur, U.P. Two sons were born out of the wedlock of the parties in June 1984 and June 1987. Respondent No. 1-husband has sought dissolution of marriage on the ground that the wife has been treating the husband with cruelty since after the solemnisation of marriage. There is total destruction of love and affection on the part of the wife and it has become impossible for the husband to operate the marriage any more. It was alleged that at the time of solemnization of marriage of the husband, all his brothers and sisters were married and the husband was living with his parents in the ancestral house. The wife asked the husband for separate mess and residence immediately after the marriage and under the compelling circumstances the husband had to separate himself from his parents, although the father and mother of the husband were 93 and 90 years of age respectively. The husband has further alleged that the marriage of the cousin of his wife was solemnized in December, 1983 but the wife went to her parents house in September, 1983 along with her whole jewellery given to her in wari. At the time of marriage the wife handed over some of her jewellery to newly wedded cousin without the consent of the husband. However, the wife was reluctant to accompany the husband for his village. The wife came to the village of the husband in February 1984 with grant persuasion and efforts of the husband. However, in April, 1984, the parents of the wife came to village Khudda and took her with them at village Burri Buddi. She had again taken all the jewellery articles. Even though a son-Harjit Singh was born in June, 1984 but the parents of the wife did not inform the husband on this occasion. Still, the husband went to see his wife at her village but he was not allowed to hug the newly born child nor was allowed to see the child. The wife did not turn up for her matrimonial home for a period of 2 years. Ultimately Darbari Lal, brother of the husband and his wife Santosh Kumari along with one Chaudhary Joginder Singh of village Munak Kalan went to the village and brought the wife with great efforts and persuasion. However, the wife kept her all jewellery articles with her parents. It is stated that the wife lived at village Khudda with the husband till June, 1993.

(3.) THE respondent filed the written statement and denied the allegations stating that since after the solemnization of marriage, the husband always ignored the wife with the allegation that she had not brought much dowry. It was alleged that infact, it became the tradition of the family of the husband to seek divorce and then to conduct second marriage due to lust of dowry. She stated that she wanted to live in the joint family and to serve her father-in-law and mother-in-law with great respect but they always taunted her by compelling her to bring colour T.V., fridge, scooter etc. in addition to sufficient dowry given to them. She pointed out that all the ornaments were in the custody of the mother of the husband which were taken by her immediately after the marriage. She further stated that the husband insisted on a scooter as a condition precedent to take her to the matrimonial home, after the birth of a male child. However, it was due to intervention of the respectables, the matter was settled and the husband undertook to keep the wife and the child with full love and affection, after the father of the wife made efforts in January, 1985. She denied the allegations levelled against her in respect of the son of Mela Singh. She further stated that Kuldip Singh is the son of sister of the mother of the husband. The husband borrowed Rs. 5,000/- from Kuldip Singh but he did not repay the same inspite of repeated requests made by Kuldip Singh and, thus, the husband has levelled false allegations. She denied having given any thing in writing as alleged by the husband. She further stated that she was admitted in the hospital after she was severel beaten by the husband. When she was admitted in the hospital, the father of the wife moved an application to the Panchayat of village Khudda on 19.10.1995 to the effect that he is taking away the wife along with her children to village Bari Budhi but the village Panchayat gave an assurance that the husband will not do any bad in future. However, the father of the wife visited the matrimonial home on 21.19.1995 and came to know that the wife was beaten by the husband with sticks and was not provided food for 2 days. At that time, the father of the wife had no alternative but to take the wife along with the children with him to his house in U.P.