MANJIT KAUR Vs. JASKARAN SINGH

JUDGEMENT

(1.) Challenge in the present revision petition is to the order dated 09.10.2014 (Annexure P-7) whereby, the Additional District Judge, Sirsa has rejected the application of the wife who was the respondent therein from denying the husband to place on record the replication.

(2.) The reason given by the trial Court is that the petition had been filed under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage on the ground of cruelty on the part of the respondent-wife. The said allegations were controverted by denying the allegations of cruelty and counter alleging cruelty at the hands of the husband on the ground that a child had not been born. The Court has referred to Order 7 Rule 9 CPC (sic Order 8 Rule 9 CPC) to hold that the pleadings subsequent to written statement can be given by way of defence by leave of the Court and thus held that by placing the replication on record, the wife has not been prejudiced in any manner. The onus to prove the ground of cruelty continues to be on the husband and the wife will have an opportunity to produce the evidence in rebuttal thereof. Resultantly, the application filed by the husband has been allowed and the replication has been allowed to be taken on record.

(3.) A perusal of the written statement filed by the wife would go on to show that allegations were made that the husband had started demanding to solemnize his second marriage with Amandeep Kaur, the younger sister of the answering respondent and on that account, the husband used to beat the wife. It was further averred that Amandeep Kaur was not major and on account of that the marriage had taken place, the parents of the wife had not acceded to the request of the husband, due to which, he kept on quarreling with her.