(1.) THE petitioner-appellant married the respondent in the month of November 1989 at Faridkot according to Sikh rites and that the Anand Karaj ceremony was duly performed. After the marriage, both of them lived together as husband and wife at village Nathuwala (West) and the marriage was duly consummated. From this wedlock, one male child was born on August 30, 1992. Thereafter, both the spouses fell out and the wife left the matrimonial home since 1993-94.
(2.) THE husband, filed a petition under Section 13 of the Hindu Marriage Act, for seeking dissolution of marriage by way of decree of divorce. He alleged various allegations and the grounds for seeking divorce. The petition was contested by the wife and a detailed written statement was filed before the trial Court. A replication was filed reiterating the pleas in the petition and controverting the alleged allegations levelled by way of written statement. The trial court framed issues upon the pleadings of the parties and that both of them led documentary as well as ocular evidence. After examining the evidence brought on record and the totality of the circumstances spelt out, the trial Court dismissed the petition vide judgment and decree dated September 26, 2000.
(3.) THE husband has made a categoric statement that he shall pay a sum of Rs. 1000/- every month for the upkeep and education of the child. Apart from this he has accepted all other conditions contained in the affidavit of the wife. However, he has further stated that a sum of Rs. 1000/- shall be received by the child directly from the employer and that a copy of the order be sent to the concerned quarters so that the amount is directly sent by way of pay order/demand draft, as the case may be, drawn in favour of the child to be deposited in the bank account to be opened by the wife in the name of the child as his guardian/next best friend. He has further agreed that the said amount be treated as a charge upon his salary and be deducted every month accordingly as afore-stated. He has also stated that the Bank account opened in the name of the child be duly intimated so that the same can be forwarded to the concerned authorities for sending the amount directly into that account. It has also been stated that in case he resigns from the job or is terminated/removed/dismissed from the job, the payment of the aforestated amount shall be a charge upon the gratuity, GPF and provident fund etc. He shall be liable to pay this amount till the child attains the age of majority. Both have made the statements without any duress, undue influence or on the asking of any person. It has been further accepted by both of them that the petition be not adjourned for a period of six months as is statutorily provided because they have been living separately since 1993-94, as such, no useful purpose be served for adjourning the petition for the aforestated period.