PARAMJIT SINGH Vs. JASPREET KAUR

JUDGEMENT

(1.) THIS appeal has been preferred by the husband against the judgment and decree dated 26.5.2014 passed by the District Judge, Sangrur whereby the petition filed by him under Section 13 of the Hindu Marriage Act, 1955 (In short "the Act") for dissolution of marriage by a decree of divorce, was dismissed.

(2.) PUT shortly, the facts necessary for adjudication of the instant appeal as narrated therein may be noticed. The marriage of the parties was solemnized on 29.11.1992 by way of Anand Karaj ceremony at village Bhutta, Tehsil Payal, District Ludhiana. After the marriage, the parties lived together as husband and wife at village Kanganwal, Tehsil Malerkotla, District Sangrur and out of the said wedlock, three female children, namely, Harpreet Kaur, Jaspreet Kaur and Gurpreet Kaur were born. After few days of the marriage, the respondent treated the appellant and his family members with utmost cruelty and compelled him to reside separately from his parents at Ahmedgarh. However, the appellant showed his inability to do so as he was the only son of his parents. She used to abuse the parents of the appellant and did not do any household work. When the appellant refused to accede to illegal and unreasonable demands of the respondent, she started threatening him and his parents that she would commit suicide and would involve them in a criminal case. Due to the quarrel in the family, the mother of the appellant died in the year 2001. Even after the death of the mother of the appellant, the respondent could not adjust with him and his family members. Thereafter, the appellant started residing separately with the respondent at Ahmedgarh in the year 2003. There also, the behaviour and attitude of the respondent did not change towards the appellant and she even refused to have marital relations with him. There was no cohabitation between the parties for the last one year from the date of filing of the petition. She did not prepare food for the appellant and his father since the year 2002. Accordingly, the appellant filed a petition under Section 13 of the Act for dissolution of marriage by a divorce of divorce. Upon notice, the respondent did not appear and was, therefore, proceeded against ex parte by the trial court vide order dated 13.3.2014.

(3.) THE trial court on appreciation of the evidence led by the appellant dismissed the divorce petition vide judgment and decree dated 26.5.2014 holding that the appellant had failed to prove his case that he was treated with cruelty by the respondent after the solemnization of marriage. Hence, the present appeal.