HARJIT KAUR Vs. ROOP LAL

JUDGEMENT

(1.) This is wifes appeal against the judgment and decree dated 2-5-1991 passed by the learned Additional District Judge, Hoshiarpur, whereby the petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as the Act) filed by the appellant for the grant of decree of divorce has been dismissed.

(2.) The appellant Harjit Kaur filed a petition under Section 13 of the Act for the grant of divorce on the ground of cruelty and desertion. The marriage between the parties was solemnized at village Mandialan, Tehsil and District Hoshiarpur, according to Hindu religious rites and ceremonies in the month of November 1975. After marriage, the parties lived in their matrimonial home at village Bassi Daulat Khan. Tehsil and District Hoshiarpur, for about three years. No child was born out of the wedlock between the parties. The appellant in her petition alleges that the respondent is in the habit of taking excessive liquor and has always treated her with cruelty. He used to beat her without any reason. After about three years, the relations between the parties became strained and she was turned out of the matrimonial home in bare three clothes with the comments that she was not able to bear a child. Thereafter the petitioner remained in the house of her parents for about 3/4 months. The father of the appellant convened a Khangi (family) panchayat, which went to the house of the respondent and after efforts and persuation, the appellant was rehabilitated in her matrimonial home. The parties then shifted their residence in Mohalla Fatehgarh, District Hoshiarpur, in a rented house and they remained and cohabited there uptil 1982. The respondent then went to Bahrain and remained there up to 30-1-1986. When he came back he stayed at the matrimonial home for a period of three months. During this period also, he ill-treated the appellant by taking liquor daily. He always compelled the appellant to sign divorce papers to which she did not agree. She was not given food for a couple of days. Then the respondent again went to Bahrain and he never sent any maintenance to the appellant and nor did he write any letter to her. The appellant tolerated the misbehaviour of the respondent with a hope that some better sense would prevail upon him. The respondent it is alleged has treated the appellant with grave cruelty and he has also deserted her for more than two years before the presentation of the petition and hence she prayed for the grant of divorce.

(3.) The respondent filed his written statement in which the material particulars with regard to the factum of marriage, place of marriage and the status of the parties before and after marriage, was admitted. It is stated that the appellant lived with the respondent up to 29-4-1987. He on the asking of the appellant and her father lived at Mohalla Fatehgarh in a rented house. Besides, they also lived at Sutehri Road, Hoshiarpur, where the appellant shifted out in the absence of the respondent. The other allegations are denied. It is denied that the respondent is in the habit of taking liquor or that he ever beat the appellant. Rather from the time of marriage, the appellant was wanting the respondent to live separately from his parents, for which he did not agree. Therefore, the appellant went to her parents house in the year 1978. After 3/4 months when she did not come back, the respondent went to bring her back and she accompanied him only when he agreed to live separately. He took a portion of house in Mohalla Fatehgarh, Hoshiarpur on rent and they lived there for about four years i.e. up to 1982. It has been denied that after three years of the marriage, the espondent turned out the appellant in three clothes with the remarks that she was not fit to bear a child. The allegation that the father of the appellant brought a panchayat to the house of the respondent to persuade him to rehabilitate the appellant, has also been denied. It is stated that he had gone to Bahrain for the first time on 24-8-1982 and came back on 30-1-1987 and not on 30-1-1986 as alleged. While at Bahrain, he had been regu- larly sending money to the appellant for which she had opened savings account No. 28970 with the State Bank of India, Hoshiarpur. The other amounts sent by the respondent to the appellant are entered in the aforesaid saving bank account. In the absence of the respondent, the appellant shifted to the house at Sutehri Road, Hoshiarpur. The appellant and the respondent happily lived there for three months and during this period there was no mal-treatment on the part of the respondent towards the appellant. It is averred that he never asked the appellant to sign any divorce papers and he never wanted any divorce. However, the respondent after living with the appellant for three months again went to Bahrain on 27-4-1982. From there he was having regularcorrespondence with the appellant and had been continuously sending money and clothes which fact is borne out by the two money order receipts dated 5-5-1987 and 20-5-1987 and entries in the afore-referred saving bank account. The last letter received by the respondent from the appellant from Bahrain is dated 30-10-1988. In this manner the allegation of cruelty and desertion have been denied. The respondent came back from Bahrain on 6-4-1990 and on reaching Hoshiarpur, he came to know that the appellant had gone to her parental house in village Mandialan in January/February 1990 and that while leaving the house, she took with her all the household articles. The respondent took his cousin brother Daulat Ram son of Sarwan Ram and Mohinder Singh, Sarpanch of village Bassi Daulat Khan to the house of the appellant in the first week of May 1990 to bring the appellant. There the appellant and her parents point blank refused to send the appellant.