GURBALWINDER SINGH Vs. BALJIT KAUR

JUDGEMENT

(1.) THE appellant-husband sought a decree of divorce against respondent No. 1-wife, by filing a petition under Section 13 of the Hindu Marriage Act (for short "the Act"), on two grounds, firstly, that she voluntarily had sexual intercourse with Jang Singh respondent No. 2 and secondly, that she had treated him with cruelty. At a later stage, he, however, amended his petition and pleaded the ground of desertion also, on 26.9.1987. The marriage of parties had been taken place on 17.2.1982 at Village Dhanaula and they resided together till the end of January, 1985. The appellant once opened the box of respondent No. 1, wherein he found the photograph of respondent No. 2. He became suspicious. So, in order to seek clarification in this regard, he and his father went to Village Dhanaula. When they were passing from near a "baithak" which was near the house of one Shri Amarjit Singh Jatana, Advocate, they saw, through the window of the baithak, that the respondents were indulging in the act of sexual intercourse. On being challenged by them, the respondents put on clothes and tried to run away but they were caught by the appellant and his father and were given beating. Thereafter, respondent No. 1, allegedly, entered into a conspiracy with respondent No. 2 to eliminate the appellant, and in pursuance of that conspiracy, she mixed powder of bones in eatables and served the same to him. She also got her abortion done without his knowledge.

(2.) The respondent-wife having denied all the said averments, parties went to trial on the following issues :-