AMRIK SINGH Vs. BABLI DEVI

JUDGEMENT

(1.) A petition bearing HMA Case No.47 of 2011 under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act of 1955") for dissolution of marriage by a decree of divorce was filed by appellanthusband Amrik Singh against his wife-respondent Babli Devi, which was dismissed by learned Additional District Judge, Fatehgarh Sahib, vide judgment and decree dated 12.11.2014. Assailing the said judgment and decree, the instant appeal was preferred by the appellant-husband.

(2.) Precisely, the facts extracted from the record are as under:- The marriage between the parties was solemnized in January, 1996 at village Santemajra, District Mohali according to Hindu rites and ceremonies. After marriage, they lived together as husband and wife at village Rasulpur, District Fatehgarh Sahib and according to the appellant no child was born out of their wedlock. Appellant Amrik Singh averred that the respondent-wife was not happy with the matrimonial alliance and for that reason she used to leave the matrimonial home for considerable long periods without any excuse. After each such incident, he used to bring her back with the intervention of respectables of their families. After returning, she would create problems for him despite the fact that he would try to accommodate her in every manner. Such events carried on for about 15 years. Finally the respondent left the matrimonial home in February, 2009 without any reasonable excuse and since then was living separately. Alleging that the respondent had deserted him for a period of more than two years prior to the filing of the petition, the appellant prayed that his marriage with the respondent be dissolved.

(3.) The respondent-wife contested the petition by filing a written statement. She pleaded that out of their wedlock, a male child was born who died at the time of birth. The appellant was having a keep, namely Sunita Devi, whom he intended to marry. She was living in a joint family and all the members of his family used to demand money from her parents. Once a sum of Rs.1,70,000/- and second time a sum of Rs.50,000/- was paid by her parents. She denied having left the company of the appellant without any sufficient reason and prayed for dismissal of the petition.