NARINDER SINGH THIARA Vs. PARAMJIT KAUR

JUDGEMENT

(1.) THIS is husband's appeal against the impugned judgment dated 20.01.2012 rendered by Shri Manjinder Singh, the then Additional District Judge, Hoshiarpur, whereby divorce petition filed on the ground of cruelty and desertion by Narinder Singh Thiarahusband, was dismissed with costs.

(2.) BRIEF facts of the case are like this: that petitioner (husband) Narinder Singh Thiara, got married to Paramjit Kaur on 13.09.1999. Earlier to that he was married with one Manjit Kaur, who is permanent resident of USA. From that wedlock, he has two children. Later on, that marriage was dissolved by way of decree of divorce by USA Court on 02.09.1999. Custody of both the children was given to Manjit Kaur. Thereafter, with the efforts of Hakam Singh of village Lohgarh, Moga, the marriage of petitioner was solemnized with respondent Paramjit Kaur on 13.09.1999. As per petitioner that marriage was a dowry less and simple marriage. The marriage was registered at Dasuya on 08.10.1999 before the Registrar of Marriages. Both the parties lived together as husband and wife in village Muradpur Nariala. The petitioner left for USA on 21.10.1999. Thereafter, as per the case of the petitioner, it transpired that respondent was not living with his parents and used to slip away. On further inquiry, he came to know that she is a pop dancer and goes to stage show at the time of parties and marriages, which was to the utter disliking of the petitioner. It is also the plea taken by the petitioner that respondent got married to him only for the simple reason to get visa to USA with which Hakam Singh, bring his relatives to USA. Many times, petitioner sent huge amount to the respondent on her asking and even on asking of her parents on one pretext or the other. The petitioner through his parents and relatives had tried to forbid the respondent from indulging in the activities of stage dancing but she did not stop the same. She even went to the extent of changing her name from Paramjit Kaur to Pammi Pukhraj. With one Parminder Singh @ Bhola, she even introduced one Punjabi cassette 'Ghungru'. On 28.04.2000, the petitioner came to India and tried to persuade her but was of no use. On the other hand, she threatened him to involve him and his family in false case, in case he did not take her to USA. She even sent some police officials and demanded Rs. 7 lacs. She also filed a false FIR No. 12 dated 29.01.2003 under Sections 498 -A/420/406/494 IPC. She also filed a criminal complaint titled as Paramjit Kaur Vs. Narinder Singh and others by levelling false allegations against the parents and sister of the petitioner wherein all of them were summoned and, thereafter, the complaint was dismissed in default vide order dated 21.01.2008.

(3.) ON the other hand, it is the case of the respondent -wife that the petitioner -husband did not disclose about his earlier marriage and children. At the time of getting the marriage registered, she came to know that the petitioner is divorcee. Thus, as per respondent, the petitioner has cheated her.