KULWINDER KAUR Vs. SUKHCHAIN SINGH

JUDGEMENT

(1.) Appellant Kulwinder Kaur has challenged the dismissal of her petition under Section 13 of the Hindu Marriage Act, 1955 praying for dissolution of marriage on the grounds of cruelty and desertion.

(2.) It is alleged by the appellant that the marriage of the appellant was solemnized with the respondent on 4.9.2007 according to Hindu rites and ceremonies. After the marriage, the parties resided and cohabited together as husband and wife till 13.3.2009. No child was born out of the wedlock. The respondent is incapable of performing sexual intercourse. Medical treatment was given to him, but the response was not positive. The respondent and his family members were greedy. They raised demand of Rs. 2 lacs from the appellant which was paid to them. They also demanded dowry, but the parents of the appellant failed to fulfill their demand. The father of the respondent used to keep a bad eye on the appellant and tried to outrage her modesty. The appellant was ultimately turned out of the matrimonial home with three wearing clothes on 13.3.2009. The respondent treated the appellant with cruelty after marriage and deserted her for the last more than 2 years, immediately preceding the filing of the petition without sufficient cause.

(3.) Respondent Sukhchain Singh resisted the above petition filed by his wife alleging that the appellant did not want to have a child. She did not even allow the respondent to fulfill his matrimonial relations. He denied the allegations that after the marriage he and his family members raised a demand of Rs. 2 lacs and the same was paid by parents of the appellant. It is submitted that there was no demand of dowry by the respondent or his family members. The respondent also denied the serious allegation that father of the respondent used to keep a bad eye on the appellant and tried to outrage her modesty. It was denied that the respondent treated the appellant with cruelty or deserted her for the last more than 2 years immediately preceding the filing of the petition.