JAGTAR SINGH Vs. VEERPAL KAUR

JUDGEMENT

(1.) This appeal has been filed by the husband against the judgment and decree dated 2.12.2013 passed by the Additional District Judge, Moga, whereby the petition filed under Section 13 of the Hindu Marriage Act, 1955 (in short ' the Act') by him for dissolution of marriage by a decree of divorce on the ground of cruelty, was dismissed.

(2.) A few facts necessary for adjudication of the instant appeal as narrated therein are that the marriage between the parties was solemnized on 6.2.2006 at village Gholia Kalan, Tehsil Baghapurana, District Moga by way of Anand Karaj ceremony. After the marriage, the parties lived together as husband and wife and cohabited as such for about 4 1/4 years. Out of the said wedlock, two children, namely, Gursharan Singh and Gurpreet Singh were born. The parties were leading a cordial relations and the petitioner had gone to Bahrain where he was working as Shuttering Carpenter and was earning ' 30,000/- per month. He used to send money for maintenance of the respondent and minor children. As the marriage of the sister of the respondent was to be performed, the parents of the respondent had taken ' 2 lacs from the respondent for her marriage. They had taken another sum of ' 2 lacs from the respondent for their domestic needs in the absence of the appellant. On returning from Bahrain, the appellant came to know about lending of money by the respondent to her parents. As the appellant wanted to start his own work in India, he asked the respondent to bring back money from her parents. However, the respondent showed inability of her parents to return the money. The respondent started quarrelling with the appellant on petty matters. The appellant tried to persuade the respondent so many times at his own and also through relatives but to no effect. The respondent started levelling false allegations of adultery with the wife of his brother. In the month of November, 2010, the respondent had left the house of the appellant. The appellant tried his level best to bring her back but all in vain. Even the appellant convened a panchayat and had gone to the parental house of the respondent to bring her back but she did not agree. Accordingly, the appellant filed a petition under Section 13 of the Act for dissolution of marriage by a decree of divorce on the ground of cruelty. The said petition was contested by the respondent by filing a written statement. Various preliminary objections were raised. It was pleaded that the appellant was not satisfied with the dowry articles given to him and his family members at the time of marriage and they had raised a demand of Rs. 4 lacs from her parents. On her refusal to fulfill the said demand, the appellant had given her beatings and turned her out from the matrimonial house on 20.11.2010 along with the minor children. The other averments made in the petition were denied and a prayer for dismissal of the same was made. The appellant filed replication controverting the averments made in the written statement and reiterating that made in the petition. From the pleadings of the parties, the trial court framed the following issues:-

(3.) In support of his case, the appellant besides examining himself as PW1, also examined PW2 Charan Singh and PW3 Bhajan Singh. On the other hand, the respondent examined Pritam Singh as RW1, Amarjit Singh as RW2 and herself appeared as RW3.