GURPREET KAUR Vs. VIPINDEEP SINGH

JUDGEMENT

(1.) This appeal has been filed by the appellant-wife against the judgment and decree dated 23.5.2014 passed by the Additional District Judge, Sri Muktsar Sahib, whereby the petition under Sec. 13 of the Hindu Marriage Act, 1955 (in short "the Act") filed by the husband for dissolution of marriage by a decree of divorce, was allowed.

(2.) The facts, in brief, necessary for adjudication of the instant appeal as narrated therein are that the marriage between the parties was solemnized on 10.11.2008 at Malout as per Hindu rites and ceremonies, i.e. by way of Anand Karaj at Gurudwara Sahib at village Sheikhu. No issue was born out of the said wedlock. It was pleaded that the appellant was receiving secret mobile phone calls from some unknown person and she used to attend those calls by going away from the respondent-husband and his family members. It was further pleaded that the appellant stayed at Abohar for a few days for taking exams without the consent of the respondent. The appellant never disclosed the name of the person to whom she used to make calls and rather threatened to falsely implicate the respondent and his family members in criminal case. According to the appellant, her marriage was not solemnized with her own will and she wanted to marry some another person. The appellant left the company of her husband on 4.2.2009 against his wishes and also took her ornaments and costly clothes with her. Thereafter, a Panchayat was convened on 22.2.2009 but the appellant remained adamant to attend the secret calls and to serve at Abohar. The appellant submitted an application to the SSP, Sri Muktsar Sahib by leveling false allegations of demand of dowry etc. which was later on found to be false. Various efforts were made for reconciliation of the marriage between the parties but to no effect. The respondent filed a petition under Sec. 9 of the Act for restitution of conjugal rights where an effort was also made for reconciliation but the appellant refused to join the company of the petitioner. The said petition was later on withdrawn by the respondent. Thereafter, the appellant filed a criminal complaint under Sections 406, 498-A of the Indian Penal Code to harass the respondent and his family members. Accordingly, the respondent filed a petition under Sec. 13 of the Act for a decree of divorce. The said petition was contested by the appellant by filing a written statement. Besides raising various preliminary objections, it was pleaded that she was working as Lecturer and as per the demands raised by the respondent-husband, an amount of Rs. 24 to 25 lacs was spent in the marriage. It was further pleaded that an attempt was made to eliminate her and ultimately she was thrown out of the matrimonial home after giving merciless beatings. The other averments made in the divorce petition were controverted and a prayer for dismissal of the same was made. From the pleadings of the parties, the trial court framed the following issues:-

(3.) The trial court took issues No. 1 and 2 together being interconnected and on appreciation of the evidence led by the parties decided the same in favour of the respondent holding that the appellant treated the respondent with cruelty and had also deserted for a continuous period of more than two years preceding to the presentation of the petition. Issues No. 3, 4 and 5 were decided against the appellant as she had failed to prove these issues by leading cogent and reliable evidence. Accordingly, the trial court vide judgment and decree dated 23.5.2014 decreed the petition filed by the respondent-husband under Sec. 13 of the Act. Hence, the present appeal.