AMANDEEP SINGH Vs. SOBHANJIT KAUR

JUDGEMENT

(1.) The present appeal is preferred by the appellant-Amandeep Singh, against the judgment and decree dtd. 31/3/2018 passed by Learned Additional District Judge, Chandigarh, whereby the petition filed under Sec. 13(1) (ia) & (1b) of Hindu Marriage Act, 1955 (hereinafter referred as 'Act') for dissolution of their marriage on the ground of cruelty and desertion, is dismissed.

(2.) The petitioner was married to respondent on 28/3/2004 at Chandigarh in accordance with Sikh Rites and Ceremonies. Out of this wedlock, a female child was born on 23/9/2005. Dissolution of marriage was sought by the appellant-husband on the ground of cruelty and desertion. Various instances of cruelty and desertion are mentioned in the petition which includes insult to him and his family members. FIR No.555 dtd. 29/11/2007 under Sec. 406, 498 A IPC read with Sec. 3 and 4 of Dowry Prohibition Act, was got registered by respondent/wife against the appellant/husband. There is an allegation of desertion on the part of the respondent-wife, who left the matrimonial home and deserted the appellant/husband. Therefore, the petition for dissolution of marriage on the ground of cruelty and desertion was filed by the appellant-husband.

(3.) Upon notice, respondent appeared and filed detailed reply and denied the instances of cruelty and desertion. She alleged in the reply that the appellant/huaband was never interested in continuing matrimonial ties with her, though he filed a petition for Restitution of Conjugal Rights, under Sec. 9 of the Act at Amritsar but never persued, as a result of which, the same was dismissed in default. She denied all the allegations levelled by the appellant/petitioner and finally prayed for dismissal of the petition.