JASPAL SINGH Vs. KULDIP KAUR

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and decree dated 05.10.2012 passed by the Additional District Judge, Jalandhar, whereby the petition filed by the appellant under (hereinafter called the Act), was dismissed.

(2.) THE petition for divorce was filed by the appellant on the ground that marriage between the parties was solemnized on 8.12.2002 according to Sikh rites at village Nangal Khaira, Tehsil Phagwara, District Kapurthala and despite consummation of the marriage, no child was born to the parties. Soon after the marriage, the respondent started proclaiming that she was not interested in the married life and she agreed for marriage as the persuasion of her family members and relatives. She demanded separate residence from the parents of the appellant but did not want her name to be deleted from the ration card of her father's family. Somewhere in the month of March and April, 2003, the appellant reached home at about 8.00 p.m. after giving first aid to cattle at village Rurki and the respondent flared up and started hurling filthy abuses on him and refused to serve food. She also gave telephone calls to his friend Santokh Singh accusing him of making the appellant drunk. The appellant gave a call to the parents of the respondent on account of her behaviour but her family members instead of advising her to behave well, rather rebuked him. On the following day, Lal Singh, brother of the respondent, came to his house and criminally intimidated him that he would eliminate the appellant if he did not act according to the wishes of his sister. To make his wife happy, the appellant changed the nomination of one insurance policy and some fixed deposit receipts etc. from the name of his mother to that of the respondent but to no avail. Rather she on encouragement from her brother and relatives, had slapped the appellant on certain occasions. She also refused to serve tea etc. to his friend Gurpal in August 2005. In the winter of 2005, he was driving with the respondent next to him and his mother in the back seat, for going to the house of his inlaws. He was talking to his mother on which the respondent became angry and uttered the words "Kutya Haram Diyan Galan Band Kar Te Gaddi Dhian Nal Chala". This fact was brought to the notice of her family but they rather rebuked the appellant stating that he should drive the car properly.

(3.) IN June, 2006, the respondent insisted the appellant that he should purchase a plot in Urban State, Phagwara, but when he showed his inability due to insufficiency of funds, she refused to have sex with him and called him impotent. She even called him so in the presence of his friend Balbir Kumar. She left the matrimonial home without any reasonable cause and despite efforts made by the appellant, she did not come back. He also gave in writing to the Sarpanch of her village requesting that the respondent should be persuaded to join his company. On 15.10.2006, he received a message on his telephone that she was not ready for it. He filed a petition under Section 9 of the Act, but the same remained fruitless.