SONI BALA Vs. JODHVIR SINGH

JUDGEMENT

(1.) This appeal has been preferred by the appellant wife against the judgment and decree dated 13.10.2014 passed by the Additional District Judge, Fatehgarh Sahib, whereby the petition filed by the respondenthusband under section 13 of the Hindu Marriage Act, 1955 (in short, "the Act") for dissolution of marriage has been allowed.

(2.) 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 18.11.2009 according to Sikh rites and ceremonies at Khanna, District Ludhiana. After the marriage, the parties lived together and cohabited as husband and wife but no child was born. The behaviour of the appellant from the very first day of the marriage was not cordial towards the respondent and his family members. The respondent tried his level best to make the appellant understand but all in vain. The mother of the respondent was 66 years and was suffering from many diseases. There was no other person except the respondent in the family to look after her. The misunderstanding between the parties increased day by day despite the efforts made by the respectables. The appellant started residing separately from the respondent. The respondent filed petition under Section 13 of the Act for dissolution of marriage on the grounds of cruelty and desertion. Upon notice, the appellant appeared and filed written statement controverting the averments made in the petition. It was inter alia submitted that the appellant married the respondent after divorcing her previous husband. During the pendency of application under section 125 Cr.P.C filed by the appellant, the respondent gave statement that he would pay lump sum amount of Rs. 4 lacs to the appellant and he would file petition under Section 13B of the Act but on the date fixed, he failed to pay the said amount. The trial court after examining the entire evidence on record allowed the petition under section 13 of the Act filed by the respondent vide judgment and decree dated 13.10.2014 impugned herein. Hence the instant appeal by the appellant wife.

(3.) We have heard learned counsel for the appellant wife and perused the record.