HARMEET KAUR Vs. AMRITPAL SINGH KANG

JUDGEMENT

(1.) This appeal under Section 28 of the Hindu Marriage Act was filed by Harmeet Kaur-appellant assailing the judgment and decree of divorce dated 30.11.2013 passed by the learned Additional District Judge(FCT), Rupnagar in H.M. Act Case No. RT 63 dated 22.07.2011 dissolving her marriage with Amritpal Singh-respondent petitioner.

(2.) Amritpal Singh Kang-respondent was married to appellant-Harmeet Kaur on 15.01.1990 at Village Kotla Dadheri as per Sikh rites and ceremonies. After the marriage, the parties lived and cohabited together at Morinda upto 1996 and two children, namely, Amanpreet Kaur and Sharanpreet Singh were born out of their wedlock, who are since residing with the respondent. It was alleged that in the year 1996, Amritpal Singh went to USA and it was decided by the parties that as and when he gets citizenship or green card, he would migrate his entire family to USA. However, he could not settle in USA and shifted to Canada where also he was not given permanent rights and therefore, he came back to India in the month of June 2010.

(3.) Appellant-Harmeet Kaur contested the petition raising preliminary objections with regard to maintainability of the petition and concealment of true material facts by Amritpal Singh. On merits, she admitted her marriage with Amritpal Singh but alleged that the marriage was solemnized on 06.02.1993 and not on 15.01.1990 as pleaded by him. She further denied that out of the wedlock, two children were born and alleged that only one child namely Sharanpreet Singh was born to her on 02.06.1994.