SUKHJINDER SINGH Vs. JASPREET KAUR ALIAS JASBIR KAUR

JUDGEMENT

(1.) The present appeal lays challenge to the judgment and decree dated 23.07.2011, passed by the Additional District Judge, Amritsar (hereinafter referred to as ' the trial Court'), dismissing the petition filed by appellant Sukhjinder Singh, seeking 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').

(2.) The marriage of the parties was performed on 05.10.1997 and two children, namely, Sukhpreet Singh and Lovenoor Singh were born out of this wedlock. The appellant-husband has averred that the respondent- wife used to quarrel with the appellant and his parents. She used to pass objectionable remarks that the appellant was not a good looking person and was no match for her. She pressurized the appellant to take a share of property from his parents and live separately. She developed illicit relations with Gurbhej Singh, an employee of Punjab State Electricity Board, living in their neighbourhood. The respondent-wife left the matrimonial home on 15.07.2007 and took away gold ornaments, valuable clothes and cash of Rs.10,000/- and thereafter never returned to the matrimonial home despite the appellant approaching her on 25.11.2007 and 19.02.2008.

(3.) The respondent-wife, in her reply, denied the allegations of the petition and in turn, raised the plea that the appellant and his family members used to beat her on the pretext that she had brought less istri dhan. Three months prior to the institution of the petition, she was beaten mercilessly by the appellant and as a result, she lost her mental balance and memory but due to the efforts of Nari Niketan, Bombay, she was able to contact her parental family. The appellant has developed illicit relations with a girl and wanted to marry her. All other material allegations have been denied with a prayer for dismissal of the petition.