PARVINDER KAUR Vs. ARVINDER PAL SINGH

JUDGEMENT

(1.) The present appeal lays challenge to the judgment and decree dated 13.3.2014 passed by the Additional District Judge, Ludhiana allowing the petition filed by the respondent-husband under Sec. 13 of the Hindu Marriage Act, 1955 (for short -"HMA") and dissolving marriage of the parties.

(2.) The respondent prayed for a decree of divorce on the grounds that the appellant-wife is guilty of treating the respondent-husband with cruelty and she has withdrawn from company of the respondent without any sufficient and reasonable cause since Aug. 1993.

(3.) The parties tied nuptial knot on 12.10.1988 and two children namely Sonu and Silky were born out of the wedlock on 12.9.1989 and 21.12.1990 respectively. As per the allegations raised in the petition, the appellant treated the respondent with cruelty from the very beginning of the marriage. She insisted upon the respondent to have a separate residence and he was constrained to hire accommodation in Jan. 1990 at Amritsar. She forced the respondent to dispose of his business at Amritsar and settle at Ludhiana where her parents are residing. She had been abusing the respondent and his family members. The family members of the respondent avoided visiting his house due to the bad behaviour of the appellant. The respondent disposed of his entire business at Amritsar, brought an amount of Rs.1,50,000.00 while shifting to Ludhiana along with the appellant and children. He also shifted all his house hold articles in one room given to his family by parents of the appellant. The amount of Rs.1,50,000.00 was handed over to the appellant and she alleged that she had handed over the same to her brother for investment in the business of cycle parts in which she was made a partner. In the month of February 1993, brother of the appellant namely Amar Singh alias Tonny and other declared that they had suffered loss in business and directed the respondent to bring more money by getting his share from his parents. They also gave threats and insulted the respondent and he came back to Amritsar in Aug. 1993. An application dated 12.2.2001 was submitted by him to the Senior Superintendent of Police, Amritsar against aforesaid Amar Singh alias Tonny. The respondent and his family members tried to settle the matter with joint efforts of Daljit Singh, Varinder Kaur, Harjinder Singh, Sudarshan Walia and other respectables but the appellant refused to come back to Amritsar and insisted that the appellant should live as 'ghar jawai' at Ludhiana after getting his share from his parents.