RAJBALA Vs. SUKHBIR SINGH

JUDGEMENT

(1.) SMT . Rajbala, the wife has filed the instant appeal against the judgment and decree dated 1.10.1999, passed by the Additional District Judge, Yamuna Nagar vide which the petition filed by her husband Shri Sukhbir Singh under Section 13 of the Hindu Marriage Act, 1985 (hereinafter referred to as 'the Act') for dissolution of marriage by a decree of divorce on the ground of cruelty and desertion, has been allowed.

(2.) THE marriage between the parties was solemnised on 2.9.1987. Out of this wedlock, a daughter has been born. On 4.9.1996, the respondent-husband filed a petition for divorce under Section 13 of the Act for dissolution of marriage by a decree of divorce on the ground of cruelty and desertion by alleging therein that from the very beginning the appellant-wife used to quarrel with him and had been compelling him to leave his parental village and start living with her at her parental house. Since the respondent-husband was living with his aged mother as his father had died in his childhood, it was not possible for him to leave his mother alone and to live at the house of the parents of the appellant as Ghar Jamai. It has been further averred that when he refused to live at her parents house, the appellant harassed him and threatened to involve him and his family members in a false criminal case. Ultimately, on 31.7.1989, a Panchayat was convened to re concile the differences between the parties. But the appellant flatly refused to live with him at his parental house. Thereupon, a compromise was effected before the Panchayat which was reduced into writing on which her father put his signatures. According to that compromise, an amount of Rs. 10,000/- was given by the respondent-husband to the father of the appellant on account of marriage expenses and all the dowry articles were returned. It was settled that relations between the parties had broken permanently and they would be at liberty to marry on their choice elsewhere. After that, the appellant-wife left the house of the respondent- husband on 31.7.1989. Thereafter, she never came back to his house. It was further submitted that in December, 1989, the appellant-wife got a false case registered against him and his other family members under Sections 406 and 498-A I.P.C. Thereupon, the aforesaid divorce petition was filed by the respondent-husband.

(3.) IN support of their respective contentions, both the parties have led evidence. After considering the said evidence and hearing the arguments of the learned counsel for the parties, the learned Additional District Judge, Yamuna Nagar allowed the divorce petition filed by the respondent-husband and pased a decree of divorce in his favour on both the grounds of desertion as well as of cruelty. Feeling aggrieved against the said judgment and decree, the appellant-wife the filed the instant appeal.