JASPAL KAUR CHAUHAN Vs. GURDEV SINGH

JUDGEMENT

(1.) The appellant is before us praying that judgment and decree dated 20.02.2014, passed by the District Judge, Patiala, dismissing a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the "1955 Act"), may be set aside. Counsel for the appellant submits that a perusal of pleadings in the petition filed under Section 13 of the 1955 Act and the evidence adduced, leave no ambiguity that the appellant has been able to prove her plea of desertion. The trial Court has, however, dismissed the petition without examining the pleadings and evidence with any degree of seriousness. Counsel for the appellant, however, fairly concedes that the plea of cruelty has not been proved but states that as the allegation of desertion has been duly pleaded and proved, the appeal may be allowed on the ground of desertion. Counsel for the respondent states that the impugned judgment and decree, insofar as it has rejected the allegation of cruelty, does not call for interference, but states that upon a reconsideration of the evidence and the pleadings, the respondent admits the plea of desertion but the appellant or her children should not be allowed to claim any maintenance, permanent alimony or any other rights in the property of the respondent. Affidavit of Gurdev Singh (respondent) filed in Court today, is taken on record.

(2.) Counsel for the appellant states that he accepts the statement made by counsel for the respondent. Affidavit of Jaspal Kaur (appellant), filed in Court today, duly sworn by the appellant that she gives up the plea of cruelty but presses the plea of desertion, is taken on record. The appellant, who is present in Court, duly identified by her counsel, states that she gives up any right to claim maintenance, permanent alimony or any other rights in the property of the respondent. Gurdev Singh (respondent) is also present in Court, identified by his counsel, states that he and his children give up any rights in any property belonging to the appellant.

(3.) We have heard counsel for the parties, perused the pleadings, the evidence, the affidavits filed by the parties in Court today and their statements.