HARBIR SINGH Vs. SMT. RAMINDER KAUR

JUDGEMENT

(1.) THE present appeal lays challenge to the judgment and decree dated 12 -9 -2006 passed by the Additional District Judge (Ad hoc), Amritsar whereby the petition filed by Harbir Singh appellant for dissolution of marriage of the parties by a decree of divorce under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as "HMA"), has been dismissed. The marriage of the parties was performed on 9 -12 -1990 according to Sikh rites and rituals at Amritsar. Two male children namely, Harkanwaldeep Singh and Shabaj Singh were born on 3 -9 -1991 and 16 -1 -1996, respectively, out of this wedlock. As per averments of the appellant, the conduct and behaviour of the respondent was not good towards him. She used to taunt and humiliate him on trifles. The respondent had been proclaiming that she has no respect for the appellant. The respondent is arrogant, rude and used to mix up with other male members which was to the disliking of the appellant. On 3 -9 -2001, the respondent was caught talking to an unknown person on telephone about sex. When the appellant objected, she took up a quarrel and left the matrimonial home leaving the minor children with the appellant. The respondent has no intention to live with the appellant and their children and is guilty of deserting the appellant without any sufficient cause. The behaviour and conduct of the respondent has caused mental as well as physical cruelty to the appellant. She has filed a criminal complaint under Sections 406 and 498 -A, IPC by levelling false and baseless allegations against the appellant and Sukhwinder Kaur, his sister. He has sought decree of divorce on the grounds of cruelty and desertion.

(2.) IN the reply, the respondent controverted the allegations raised by the appellant and in turn, set up a plea that she was being harassed and subject to cruelty and beatings for bringing insufficient dowry. She always remained ready and willing to live with the appellant. She did not leave the matrimonial home voluntarily as she was turned out by the appellant.

(3.) THE trial Court permitted the parties to lead evidence in support of their respective claims. The appellant appeared in the witness box and examined Bachan Singh, PW -2, Gurdial Singh PW -3, Sukhbir Kaur PW -4 and Harkanwaldeep Singh PW -5. The respondent, in rebuttal, examined Jail Singh RW -1 and Charanjit Singh RW -2, besides herself.