MAKHAN SINGH Vs. GURMEJ KAUR

JUDGEMENT

(1.) THIS "appeal is directed against the judgment of Additional District Judge, Jalandhar dated 27. 8. 1990, who had dismissed the husband's petition seeking dissolution of marriage by a decree of divorce under Section 13 of the Hindu Marriage Act.

(2.) THE appellant had sought divorce on the ground of cruelty and desertion.

(3.) THE case of the petitioner as set up in the petition is that on 29. 2. 1976, the marriage between the appellant and respondent-wife was performed according to Sikh religious rites. The parties cohabited as husband and wife at village Pharwala and from the wedlock of tie parties, a male and a female child were worn. The relations between the parties remained cordial for 7/8 years. After some time, the respondent-wife's brothers who are residing in Canada asked the appellant to come and settle in Canada but the appellant did not accede the demand of the respondent being the only son of his parents. More so, he was not interested to settle in Canada as his father has big agricultural estate. The respondent-wife started creating troubles for him and treated him with cruelty. The appellant had also opened joint account with the respondent-wife. The respondent ,put pressure on him to withdraw an amount of Rs. 25,000/- from that joint account and put it in a fixed deposit in a joint account to be opened in her name and that of her mother. In 1985, the respondent left the house along her minor daughter, to put pressure upon him to agree to go to Canada and settle there. Therefore, the petitioner filed a petition under Section 9 of the Hindu Marriage Act against the respondent for restitution of conjugal rights. The respondent instead of joining the petitioner, filed a petition under Section 125 Cr. P. C.