AMARJIT KAUR Vs. JOGINDER SINGH

JUDGEMENT

(1.) Feeling aggrieved by the judgment and decree dated 22.12.2009 passed by the Additional District Judge, Muktsar allowing the petition filed under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act") for dissolution of marriage by a decree of divorce, the appellant-wife has approached this Court by way of instant appeal.

(2.) Put shortly, the facts necessary for adjudication of the present appeal as narrated therein may be noticed. The husband filed a divorce petition, inter alia, averring that the marriage between the parties was solemnized in December, 1991 as per Anand Karaj ceremony. After the marriage, the parties cohabited as husband and wife at village Enna Khera and Muktsar. Out of the said wedlock, a son, namely, Harjinder Singh was born who is residing with the appellant. It was a simple marriage and the parents of the appellant spent only Rs. 10,000/- on the marriage. The respondent was a Havildar in the Army. After the birth of the child, the appellant fell in love with one Resham Singh alias Laddi and started living with him after taking ornaments and other valuables along with her in the absence of the respondent. An application was also moved to the SHO, Police Station City, Muktsar in this regard. The appellant threatened the respondent that she would involve him in a false criminal case by committing suicide if he asked her to live with him. In this manner, the appellant had deserted the respondent without any reasonable cause and had treated him with cruelty. Upon notice, the respondent did not appear and was proceeded against ex parte and ex parte decree was passed in favour of the respondent. However, the said ex parte decree was set aside by the trial court vide order dated 1.3.2008. Thereafter, the appellant contested the petition by filing a written statement. Besides, raising various preliminary objections, the averments made in the petition were controverted and a prayer for dismissal of the same was made. Rejoinder to the written statement was filed by the respondent reiterating the averments made in the petition. From the pleadings of the parties, the trial court framed the following issues:-

(3.) If issue Nos. 1 and 2 are proved, whether the petitioner is entitled to the decree of divorce on the ground of cruelty and desertion OPA