AJIT SINGH Vs. SUKHWANT KAUR

JUDGEMENT

(1.) On the last date of hearing, learned Counsel for the appellant had taken time for filing the copy of order, whereby the petition of the respondent under Section 125, Code of Criminal Procedure ('Cr.P.C.' for short) was dismissed. Today, learned Counsel for the appellant submits that he does not wish to place on record copy of the order of dismissal of petition filed by the respondent-wife under Section 125, Cr.P.C., as the same was dismissed in default. The present appeal has been filed by appellant-husband against the judgment and decree dated 11.9.2013, whereby the petition filed under Section 13 of the Hindu Marriage Act (hereinafter called the Act) by the appellant was dismissed.

(2.) The marriage between the parties was solemnized on 6.5.1984 according to Sikh rites at Mohali. Four children were born out of the wedlock. The husband filed the petition on the ground of cruelty and desertion. He had earlier filed a petition under Section 9 of the Act, which was dismissed in default. The respondent had claimed maintenance by filing a petition under Section 125, Cr.P.C. The respondent left the matrimonial home on 16.10.1998. Earlier also, a petition for divorce was filed by the appellant, which was dismissed on the ground that he had failed to prove cruelty and desertion. In that, respondent had admitted that the parties were living separately since 2002. Despite dismissal of the petition, the respondent did not join the company of the appellant.

(3.) The respondent denied the allegations of the appellant and stated that the petition was a counterblast to a complaint filed by her under Sections 18 to 22 of the Protection of Women from Domestic Violence Act, 2005.