SADHU SINGH Vs. BHUPINDER SINGH

JUDGEMENT

(1.) SADHU Singh-husband is in appeal before the Court. Sadhu Singh had filed a petition under Section 13 of the Hindu Marriage Act seeking dissolution of his marriage with Bhupinder Kaur-wife (hereinafter the parties would be referred as "husband" and "wife") in the judgment. He claimed that the marriage between the parties was solemnised in the month of April, 1998. The husband and wife co-habited together and son Navjot was born from the wedlock. The husband alleged that the wife had left his company and the matrimonial home about five years prior to the date of filing of the petition (which was filed on March 7, 1998) and as such had deserted him with an intention never to rehabilitate herself in the matrimonial home. The husband further claimed that the wife had treated the husband with cruelty. She had filed an application under Order 33 of the Code of Civil Procedure for the grant of permanent maintenance allowance and had refused to come back.

(2.) THE husband alleged that the treatment of the wife has always been harsh towards the husband and she always insulting him in the presence of his relatives. The mother of the husband had become very old, but the wife also treated her harshly. He further claimed that the wife had dragged the husband in false litigation and had got warrants of arrest issued against him. It was also alleged that she has been levelling false allegations and had called the police a number of times. Proceedings under sections 107/151 of the Code of Criminal Procedure (hereinafter referred to as the "Code") were also initiated against the husband by the wife.

(3.) THE wife contested the petition by filing a written statement. All the averments made in the divorce petition were denied by her. She admitted the birth of the son Navjot but claimed that in fact it was the husband who had deserted her and had treated her with cruelty. She maintained that she had always been treating the husband and his mother with respect but they were not satisfied because of the insufficiency of dowry. They had been demanding a colour television. The parents of the wife had given a sum of Rs. 13,000/- in cash to the husband for the purchase of a colour television and at the time of birth of the son, the parents of the wife had spent an amount of Rs. 40,000/- but neither the husband nor his mother were satisfied.