KARTAR SINGH Vs. RATTANJIT KAUR AND ANOTHER

JUDGEMENT

(1.) THE marital tie between the parties stand severed by the impugned decree of divorce granted against the Appellant -husband on the ground that he has been cruel to his wife -respondent. The facts which are not in dispute are as follows;

(2.) THE parties to the litigation were married on 3rd December, 1967, and have no issue. At the time of marriage, the Appellant a widower, was an Assistant Sub -Inspector in the Punjab Police and was posted at Phillaur Gurbachan Kaur, Respondent No. 2, who was also arrayed as a Respondent in the petition under Section 13 of the Hindu Marriage Act (for short, the Act) is an elder sister of Rattanjit Kaur, wife of the Appellant, and was married to one Rur Singh. This Rur Singh was a Constable in the Police and at the time of the marriage of the parties used to reside with his wife Gurbachan Kaur at Phillaur. At that time, the Appellant was also living with them. Rur Singh is the brother of the deceased wife of the Appellant.

(3.) THE case of the Respondent -wife is that sometimes after the marriage she was surprised to know that Appellant was a widower and had grown -up children. This fact, according to her, was neither disclosed to her or her family members at the time of her marriage when she was only about 17 years of age nor was she otherwise aware of it. During the short interregnum of three or four months she stayed with the Appellant at Phillaur, she also came to know that the Appellant was having an illicit affair with Gurbachan Kaur Respondent and she even claims to have seen them sharing a bed. When she protested to the Appellant on account of the above -noted two facts, i.e., the non -disclosure of the off -springs of the previous marriage and the illicit liaison with her elder sister Gurbachan Kaur she was given a thrashing and was turned out of the house. It is also pleaded on her behalf that her as well as her parents' efforts to dissuade the Appellant from the above -noted illicit relationship with Gurbachan Kaur remained unsuccessful and, this, she was left with no other option but to file the present proceedings under Section 13 of the Act for a decree of divorce As already indicated, the trial Court (Additional District Judge, Amritsar) has found the claim of the Respondent -wife to be wholly truthful and has granted the impugned decree. Having heard the Learned Counsel for the parties at some length I find no merit in the appeal.