SURINDER KAUR Vs. RAVINDER SINGH

JUDGEMENT

(1.) This appeal is instituted by Surinder Kaur (wife) against the impugned judgment and decree dated 31.10.2009 rendered by Sh. Nirbhow Singh Gill, the then Additional District Judge, Nawanshahr whereby the decree of divorce was granted in favour of husband-Ravinder Singh dissolving his marriage with Surinder Kaur on the ground of cruelty and desertion leaving the parties to bear their own costs. The husband was also directed to pay a sum of Rs. 2,15,000/- gross amount as permanent alimony to the wife within 3 months from the date of judgment and decree.

(2.) Brief facts of the case are like this; that husband-Ravinder Singh sought decree of divorce on the ground of cruelty and desertion alleging that he was married to Surinder Kaur on 18.02.1993 at village Barnala, District Nawanshahr. The marriage was solemnized as per Sikh rites and rituals. No child was born out of this wedlock. Regarding cruelty, it is the case of husband that right from the very beginning of the marriage, wife started misbehaving, insulting him without any reason. Her behaviour towards him and his family members was rude, insulting, contemptuous and aggressive. She refused to give love and affection due towards husband from his wife. She is short tempered lady. She used to get angry at trivial matters. On the second day of her marriage she started abusing and saying that she had been married against her wishes with him. She was not happy staying with him and further that she wanted to get married in a big city to a rich man. She also said that she hates him and his suffocating small village. She also misbehaved and fought with his parents without any reason or cause. She used to insult, abuse and humiliate him and his family members in the presence of relatives and friends. After few days of marriage she refused to prepare tea for his relatives and friends stating that she was not their servant. Even at home she refused to cook meal for him and his family members and even did not care to bring a glass of water on his asking. She had been comparing her family with his family and used to consider her family as superior to them.

(3.) It was further alleged that appellant-wife left her matrimonial home after about 3 months of the marriage of her own and without asking him or his parents. After lot of persuasion by the respondent-husband, respectables and members of Panchayat, she came back about 2 months. Thereafter, after 3 months, she again left the matrimonial home without informing and asking the husband. As per husband at that time, wife was pregnant but without disclosing the same she got aborted the child at her parents' house. He tried to bring her back many times but she refused. However, in the month of October 1996, due to intervention of Panchayat and others, wife came back to her matrimonial home. She stayed at her matrimonial home only till April 1998 and then left again for her parental house without asking or informing him and his family members. Since then she has been residing at her parents' house and has refused to join the company of husband. Many attempts were made to bring her back even through Panchayat but she clearly refused to live with him. Under these circumstances, it was pleaded that husband has suffered great mental agony and was thus treated with cruelty by the wife and deserted him for a period of more than 2 years immediately preceding the presentation of the petition without any just and reasonable cause.