PARAMJEET Vs. RANJIT SINGH

JUDGEMENT

(1.) THIS appeal has been filed by Smt. Paramjit against the judgment of Matrimonial Court, Jalandhar which on a petition under Section 13 of the Hindu Marriage Act filed by Ranjit Singh, had dissolved the marriage by a decree of divorce,

(2.) THE challenge to the judgment of the Matrimonial Court is that the respondent-husband had failed to prove the charge of cruelty and that the entire approach of the Matrimonial Court is based on conjectures. On the other hand, it has been contended by the Counsel for the respondent-husband that the charge of cruelty was duly established against the appellant-wife and judgment of the Matrimonial Court is based on evidence.

(3.) IN this case, the marriage between the parties was solemnized on 29. 9. 1984 and the appellant gave birth to a female child on 25. 6. 1986 and to a male child on 24. 10. 1988. The allegation against the appellant-wife is that she had again conceived, but without the consent of the respondent-husband suffered abortion from Primary Health Centre, Kala Bakra, District Jalandhar. When this, fact came to the knowledge of the respondent-husband he was shocked. The other allegation is that the appellant-wife had left the matrimonial home in February, 1988 and she got a false case registered against the husband under Section 107/151 Cr. P. C. on the ground that the husband had given her injuries. She also levelled allegations of extra-marital relations with a view to defame the respondent-husband. The proceedings under Section 107/151 Cr. P. C. were dismissed. The respondent-husband was also got arrested and he remained in Police custody. The appellant wife had also taken her Istri Dhan without the consent and knowledge of the respondent-husband. According to the respondent-husband, the appellant wife had treated him with cruelty and he bad realized that it was not safe to live with the appellant-wife without danger to his life and property.