DAVINDER SINGH Vs. KULWINDER KAUR

JUDGEMENT

(1.) Kulwinder Kaur, respondent herein, (petitioner before the trial Court) was married to the appellant (respondent before the trial Court), on 04.02.1995 at Village Raisal, Tehsil Nabha, District Patiala according to the Anad Karj ceremony. The marriage was duly consumated, and out of the said wedlock, one daughter, namely, Gagandeep Kaur, and one son, namely, Navjot Singh, who are now aged 13 and 15 years, respectively, were born. Both the children are being taken care of by the respondent. The respondent approached the court of Additional District Judge, Patiala, by way of HMA Case No.23-T of 28.02.2011/ 16.7.2012 for dissolution of her marriage with the appellant by a decree of divorce on the ground of cruelty. Appellant appeared before the learned trial Court and filed a written statement denying the allegations mentioned in the petition.

(2.) After framing of issues, parties were called upon to lead evidence in support of their respective pleas, whereupon respondent examined herself as PW-1, but the appellant could not lead evidence as his defence was struck off for non-payment of the maintenance fixed by the trial Court.

(3.) After hearing both the sides, learned trial Court accepted the petition and dissolved the marriage between parties under Section 13-A of the Hindu Marriage Act, 1955 (for short the 'Act') on the ground of cruelty vide judgment and decree dated 25.03.2013. To assail correctness of the judgment and decree dated 23.5.2013, the defeated respondent (appellant herein) has brought this first appeal.