HARCHARAN SINGH Vs. KANWAL PREET KAUR

JUDGEMENT

(1.) THIS is husband's appeal challenging the findings of the trial Court only with regard to the relief clause.

(2.) THE appellant-husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act') for dissolution of marriage by way of a decree of divorce on the grounds of desertion and cruelty. The learned trial Court accepted the grounds of desertion and cruelty pleaded by the appellant and granted decree of divorce for dissolution of marriage. The learned trial Court, however, observed that it cannot lose sight of the fact that the couple has three grown up and marriageable daughters born out of the wedlock. They cannot be left to bear the vagaries of life and, therefore, directed the appellant to perform certain obligations. It was directed that appellant-husband would transfer house No. 517-A situated in Mohalla Gher Sodhian, Patiala, where respondent-wife and three daughters were residing at that time, in the name of respondent-wife and three daughters in equal shares within one month from the date of the decree and in case, the house could not be transferred, then he would pay Rs. 5,00,000/- in cash to the respondent for purchase of a house in the name of herself as well as three daughters. The trial Court further directed the appellant husband to pay Rs. 2,00,000/- each through bank draft for the marriage of three daughters. The trial Court also directed the appellant-husband to pay a sum of Rs. 2,000/- per month to the respondent-wife till she re-marriages, failing which the decree would be a nullity.

(3.) IN the present case, marriage between the parties was solemnised on 2.3.1975. The parties lived and cohabited together at Patiala upto 1988. Thereafter, the husband shifted to Jammu. Out of the wedlock, three daughters, namely, Parminder Kaur, Rupinder Kaur and Sumeet Kaur were born. Parties lived together upto 1992 and since then respondent-wife has been living separately. According to the appellant-husband, behaviour of respondent-wife was unbearable and uncalled for; the agony and tension thereof resulted into cruelty to him. The respondent persisted with her cruel behaviour and conduct, thereby he lost his mental peace. It is also pleaded that respondent-wife withdrew from the society of the appellant-husband without any reasonable cause.