SURAT SINGH Vs. HARVINDER KAUR

JUDGEMENT

(1.) The present appeal lays challenge to the judgment and decree dated 10.07.2013 passed by the Additional Sessions Judge, Kaithal (in short, 'the trial Court'), dismissing the petition filed by the appellant for a decree of divorce under section 13 of the Hindu Marriage Act, 1955.

(2.) The facts relevant for disposal of the present appeal are that marriage of the parties was performed on 16.11.2007 and a child was born out of the wedlock. The appellant husband has prayed for a decree of divorce on the ground of cruelty by raising allegations viz; (i) the respondent had been coaxing the appellant to resign from army service and start a Karyana shop at Nissing; (ii) she withdrew Rs. 2.50 lacs from the joint account of the appellant and the respondent and misused the money (iii) the respondent misbehaved with the appellant and had beaten his old aged parents; (iv) she left the company of the appellant without any sufficient cause; and (v) the respondent has lodged an FIR for offence punishable under Sec. 498-A of the Indian Penal Code (in short, 'IPC') against the appellant and initiated proceedings under The Protection of Women from Domestic Violence Act 2005 causing mental cruelty.

(3.) The respondent-wife filed the written statement and in turn denied all the allegations accusing her of treating the appellant and his family members with cruelty or deserting the appellant. It is pleaded that she was harassed and maltreated on account of demand of a Car that was raised at the time of performance of marriage ceremony. She was thrown out of the matrimonial home on 14.12.2010 in the presence of Panchayat consisting of Sahab Singh son of Balkar Singh, Mukhtiar Singh son of Balkar Singh, Subeg Singh son of Chain Singh, residents of Nissing and Charanjit Singh son of Sucha Singh of village Bakal. The appellant in collusion with his family members with an intent to eliminate the respondent and got the house vacated from her poured hot kerosene oil upon the respondent and an FIR for offence punishable under Sections 323, 324, 498-A read with Sec. 34 Penal Code was registered against the appellant and his family members. She was compelled to initiate criminal proceedings and to file an application under Sec. 12 of The Protection of Women from Domestic Violence Act 2005 after the incident dated 15.03.2011. She has denied all other material averments set out in the petition with a prayer for dismissal of the petition with costs.