PATWANT KAUR Vs. SARABJIT SINGH

JUDGEMENT

(1.) THE petitioner-respondent Sarabjit Singh son of Mohinder Singh has filed a petition under Section 13 of the Hindu Marriage Act, 1956 (hereinafter referred to as "the Act"), for seeking dissolution of marriage solemnised between the parties on 25.2.1972 according to Sikh religious rites at village Nagoke, Tehsil Tarn Taran, District Amritsar. The marriage was duly consummated and from this wedlock a son was born on 23.11.1973. The respondent has been working as an Auxiliary Nurse in Urban Training Health Centre at Chowk Phagwara, Amritsar. The grievance of the petitioner-respondent is that right from the inception of the marriage the respondent has been maltreating the petitioner and his parents and that she did not take interest in the household affairs and as also the petitioner and his family members. She had always been abusing and scolding the petitioner on the premises that she had been married to a person who is much below the status of her family. It has also been alleged that the respondent-appellant had contracted the marriage under pressure/influence of her parents. It has also been alleged that during the period of terrorism the respondent-appellant made an attempt to liquidate the petitioner and his family members but they were saved due to intervention of some of the villagers. It has also been alleged that the son from the wedlock has also became inimical towards the petitioner at the instance of the respondent-appellant. It has also been averred that 2-3 times, the respondent-appellant as well as the son attacked the petitioner with brick- bats which were warded off by virtue of attache case in his hands. It has also been averred that he has further humiliated and abused at the instance of the respondent-appellant in the presence of his relatives at the time of marriage ceremonies. Apart from the above, there are number of allegations which have been levelled against the respondent-appellant.

(2.) THE respondent-appellant contested the pleas of the petitioner by way of filing a detailed written statement. It has been averred that she has been spending a sum of Rs. 2,500/- on the maintenance and medicines of the son born from the wedlock as he is mentally challenged child. It has been averred that instead of reconciliating with the work of the nature, the petitioner- respondent is adamant to seek dissolution of the marriage on all other frivolous counts.

(3.) THE parties led respective ocular as well as documentary evidence in support of their contentions and so also to prove the issues accordingly.