AMRIT PAL KAUR Vs. ROSHAN LAL

JUDGEMENT

(1.) SMT . Amrit Pal Kaur (hereinafter referred to as 'the appellant-wife') wife of Roshan Lal (hereinafter referred to as 'the respondent-husband') has filed the instant appeal under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') against the judgment and decree passed by Additional District Judge, Faridkot, vide which the petition for divorce filed by the respondent-husband under Section 13 of the Act has been allowed and a decree of divorce has been passed on the ground of cruelty.

(2.) THE brief facts of the case are that the marriage between the parties was solemnized in the year 1984. Two children were born from this wed-lock, who are now aged about 11 years and 9 years. After 12 years of the marriage, the respondent-husband filed the instant divorce petition for dissolution of marriage between the parties on the ground that the appellant-wife is treating him with cruelty. In the petition, he alleged that after six months of the marriage, the appellant-wife started misbehaving with him, as she used to leave his house for her parents house without his permission. It was further alleged that she was not having any love and affection for him; she was not doing the house hold work properly; she was not preparing the tasty meals for him; and she used to refuse to bath his clothes and to prepare tea and meals for him. It was further alleged that she never performed her household duties and matrimonial relations properly. Whenever, he asked her to work as a household lady, she refused to work in insulting manner; and whenever any guest visited his house, she used to misbehave with him in presence of those guests. Due to her aforesaid behaviour, his life had become hell. It was further alleged by the respondent-husband that appellant-wife also did not care for the minor children. It was further alleged that about 20 days prior to the filing of the instant petition for divorce, the appellant-wife left her matrimonial house leaving both the minor children unattended and started living with her parents. He tried his best to bring her back with the intervention of the respectables of the village, but she refused to reside with him. It was also alleged that the appellant-wife threatened the respondent-husband that if he compelled her to join his company, she would commit suicide and would get his entire family implicated in a criminal case. On these allegations, the respondent-husband pleaded that it is not possible for him to live with the appellant-wife and her aforesaid behaviour amounts to cruelty and prayed for a decree of divorce.

(3.) IN support of his petition, the respondent-husband examined three witnesses, namely PW. 1 Paramjit Singh, who was Ex-Sarpanch of Village Machhi Kalan, PW. 2 Inderjit Singh, a student, aged 12 years, who is son of his brother Roshan Lal and he himself appeared as PW 3. On the other hand, the appellant-wife examined herself as RW. 1, her sister Veeran Rani as RW. 2, Labh Singh as RW. 3, Shamsher Singh alias Shamma as RW. 4, Kuldip Kumar Jain as RW. 5 and closed her evidence.