AVTAR KAUR Vs. RAGHBIR SINGH

JUDGEMENT

(1.) BOTH these appeals are directed against judgment and decree dated January 5, 1988, of the Additional District Judge, Ludhiana, whereby husband's petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') was allowed and the wife's petition under Section 9 of the said Act was dismissed.

(2.) RAGHBIR Singh married Smt. Avtar Kaur according to Anand Karaj ceremony on February 14, 1982. Both the husband as well as the wife are teachers in different Government High Schools. For some time the wife who was posted in Government High School, Butari, about 10 KMs from her parental village Dolay, used to visit the matrimonial house at village Ghudani Kalan, especially on the week ends, but later on even those visits stopped and since then she had been living with her mother at village Dolay. Smt. Avtar Kaur instituted the present petition under Section 9 of the Act on April 22, 1987. Raghbir Singh, on the other hand, instituted petition under Section 13 of the Act for dissolution of marriage on April 29, 1987. Both these petitions were consolidated and the evidence recorded in the petition under Section 9 instituted by the wife. The issues framed in the two petitions are as follows: in HMA No. 194/64/106 of 1987.

(3.) IN support of her case, Smt Avtar Kaur appeared as AW-1. The respondent appeared as RW-1 and examined Bhinder Singh, Sarpanch of his village as RW-1 and a colleague of his, namely, Nirmal Singh RW-3. The wife admitted having written letters Exhibits R-1 to R-11.