SUKHWINDER KAUR Vs. KULDIP SINGH

JUDGEMENT

(1.) This appeal assails the judgment and decree dated 14.05.2014 passed by learned District Judge, Sri Muktsar Sahib, dismissing HMA Case No. 66 of 2012 under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act of 1955") filed by appellant-wife Sukhwinder Kaur for dissolution of her marriage with respondent-husband Kuldip Singh by a decree of divorce.

(2.) Precisely, the relevant facts are as under:--

(3.) The respondent contested the petition. In the written statement filed by him, he raised preliminary objections with regard to maintainability of the petition and concealment of true and material facts by the appellant. He pleaded that he was always ready to rehabilitate the appellant at any time in the matrimonial home whereas she herself had left his society willfully and without any rhyme or reason. He also alleged that the brother of the appellant, who is permanent resident of America, intends to marry her with someone else at America in order to permanently settle her in the said country. Earlier also a petition for divorce was filed by the appellant on different facts, which was later withdrawn by her. The factum regarding first marriage of the appellant with Paramjit Singh and birth of a daughter out of that wedlock was admitted by the respondent, but he denied that he had ever beaten the appellant or his daughter or had pressurized her for sale of the house etc. The incident of beating the appellant in the presence of her staff members was denied and it was alleged that a false First Information Report was got registered by the appellant in collusion with her colleagues. As such, a prayer for dismissal of the petition was made.