BALJINDER SINGH Vs. SURINDER KAUR

JUDGEMENT

(1.) BY way of instant appeal, the appellant -husband has challenged the judgment and decree dated 4.5.2005 passed by the Additional District Judge (Adhoc), Patiala, 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.) THE facts, in brief, necessary for adjudication of the present appeal as narrated therein may be noticed. The marriage of the parties was solemnized on 16.4.1994. The parties lived together as husband and wife and cohabited as such. Out of the said wedlock, two children, namely, Jaspreet Singh (son) was born on 19.6.1995 and Harpreet Kaur (daughter) was born on 4.7.1996. The respondent did not have any brother and they are three sisters. The respondent was at number two. The parents of the respondent wanted to keep the appellant as Ghar Jawai and this fact was disclosed to him by the respondent before the marriage. After 5/6 months of the marriage, the respondent changed her behaviour to be hostile towards the appellant and quarrelsome in the house towards everybody. The appellant lived with the respondent for about 1x1/2 years in a separate house due to the pressure exerted by her to live separately. Thereafter, the respondent started pressurizing the appellant to shift to her parental house at Rajpura. Accordingly, the appellant shifted to the parental house of the respondent. He stayed there till 6.12.1999. During this time, she was working as a teacher but she never disclosed her salary to the appellant whereas the whole salary of the appellant was being taken by the respondent. After a long time when the appellant enquired he found that whatever the respondent had disclosed about her salary, it was less by Rs. 1500/ - per month. The differences between the parties increased and became worse. On 17.11.1999, the appellant asked the respondent to live with him in a separate house in Sham Nagar, Rajpura. However, she never joined the appellant in the house at Sham Nagar, Rajpura where he lived from 11/1999 to 1/2000. The appellant was not even allowed to go to his parents to meet them. He was threatened that in case he would go to meet his parents or other family members, then he would be involved in a false criminal case of dowry and a case of maintenance on behalf of the children. In January, 2000, the appellant shifted to his parental house. The respondent, on behalf of the children, filed a petition under Section 125 of the Code of Criminal Procedure against the appellant. The behaviour of the respondent was so cruel towards the appellant that even he was not allowed to join the marriage of his real brother Lakhbir Singh which was solemnized at village Roorki. During the stay of the appellant with the respondent in her parental house, she started to press him for effecting a partition in the house of his parents and to get his share and only thereafter she would live as a normal spouse. In pursuance thereto, the appellant got effected partition by executing a document which was signed by him, his brother Lakhbir Singh, Lambardar Pal Singh, Sarpanch Gurnam Singh and some other relatives. The appellant also sent a complaint to Police Women Cell, Patiala against the respondent for her cruel acts which was enquired into on several dates. The panchayats from both the parties were convened and the respondent stated that she would accept the decision of the court and not that of any person and expressed her decision not to join the appellant. Thereafter, the appellant filed a petition under Section 9 of the Act for restitution of Conjugal Rights which was later on withdrawn as the respondent was adamant to take divorce from the appellant. The petition filed under Section 125 of the Code of Criminal Procedure was allowed by the Judicial Magistrate Ist Class against which the appellant filed revision. The said revision came up before the Lok Adalat wherein it was decided that the appellant would be allowed to meet the children every month with the assistance of his lawyer. All the above said acts amounted to cruelty towards the appellant. Accordingly, the appellant filed a petition under Section 13 of the Act for divorce.

(3.) THE respondent resisted the divorce petition by filing a written statement. Various preliminary objections were raised therein. It was pleaded that the respondent and her parents were not interested to keep the appellant as Ghar Jawai rather the appellant himself was interested to live there which was not liked by them. She is living with her children and had never raised any quarrel. The appellant had been taking all the salary from the respondent every month forcibly and used to deposit the entire amount in the saving bank account and also purchased seven Kisan Vikas Patra. He invested his salary amount in LIC by giving his own address of village Bhankharpur. He opened the account with Punjab National Bank on 15.7.1998 and also opened the account in Punjab and Sind Bank. The entire amount of the salary of the respondent had been deposited by the appellant in his accounts at Rajpura and at village Bhankharpur. The appellant compelled the respondent that her parents should transfer the house in his name but they did not agree and he himself left and deserted her on this account. In a petition filed under Section 125 of the Code of Criminal Procedure, the appellant agreed to pay Rs. 800/ - per month but later on refused to pay the said amount. The other averments made in the petition were denied and a prayer for dismissal of the same was made.