JIWAN KUMARI Vs. PARAMJIT KUMAR

JUDGEMENT

(1.) This appeal has been preferred by the appellant-wife against the judgment and decree dated 30.5.2012 passed by the Additional District Judge, Kapurthala, whereby the petition filed by the respondent-husband under section 13 of the Hindu Marriage Act, 1955 (in short, "the Act") for dissolution of marriage by decree of divorce has been allowed. A few facts relevant for the decision of the controversy involved as available on the record may be noticed. Marriage between the parties was solemnized on 9.2.2007 at Gurdwara Jiwan Sudha Sabha, Chandigarh according to Sikh religious rites and ceremonies i.e. by way of Anand karaj. There was love marriage between the parties after the courtship of about seven years which was not attended by family members of both the parties. The marriage was solemnized at Chandigarh whereas the parental house of the respondent was situated at Village Nangal colony, Tehsil Phagwara, District Kapurthala. After the marriage, both the parties had come to Village Nangal colony i.e. parental house of the respondent but they were not allowed to enter the house because the said marriage was performed by the respondent against their wishes. He had to arrange a room in a hotel at Phagwara for one night and thereafter he had taken one room on rent in Village Chachoki, Tehsil Phagwara, District Kapurthala where both the parties started living together. The respondent was discarded by his family members immediately after the marriage and he was not allowed to have relation with his own parents. The appellant was not happy with the respondent with the way of living because the room was not having all the facilities of life. The appellant started insulting the respondent in the presence of his friends. When the respondent had gone to the doctor with the appellant for her medical check up, he was shocked to listen that the appellant was of 44/45 years of age in the month of March 2007 whereas she had told her age just about 30 years at the time of marriage. The attitude of the appellant remained arrogant, humiliating, quarrelsome and insulting. She left the matrimonial house in February 2007. She contested the election of Panchayat Samiti by taking the ticket of BJP and also became member of Panchayat Samiti of Village Talhan against the wishes of the respondent. Consequently, the respondent filed petition under section 13 of the Act. Upon notice, the respondent put in appearance and filed written statement controverting the averments made in the petition. The trial court vide impugned judgment and decree dated 30.5.2012 after considering the entire evidence on record allowed the petition filed by the husband. Hence the instant appeal by the appellant-wife.

(2.) We have heard learned counsel for the parties and perused the record.

(3.) Learned counsel for the appellant submitted that there is contradiction in the pleadings regarding the date of desertion; the appellant contested the election with the consent of the respondent; the parents of husband did not allow her to enter the house of the husband; no reason was given by the trial court regarding the desertion and the statement of the husband has been accepted by the trial court.