JASVIR SINGH Vs. GYATRI JYOTI

JUDGEMENT

(1.) THIS appeal has been filed by the appellant -husband against the judgment and decree dated 16.8.2014 passed by the trial court whereby the petition under Section 13 of the Hindu Marriage Act, 1955 (in short, "the Act") filed by the respondent -wife for dissolution of marriage on the ground of cruelty has been allowed.

(2.) A few facts relevant for the decision of the controversy involved as available on the record may be noticed. Marriage between the parties was solemnized on 31.1.2005 at Sangrur. After the marriage, they resided together as husband and wife at Patiala and one female child namely Simardeep Kaur was born on 4.1.2006. Soon after the marriage, the respondent and his parents started misbehaving with the respondent for bringing more dowry in the shape of cash and Zen car. They used to pick up quarrels on petty matters. When the respondent expressed inability of her mother and brother to fulfill their demand of Zen car, she was given beatings mercilessly. She was compelled to sleep in one room with the brother of the appellant. The expenses on the birth of child were borne by the parents of the respondent. On 18.6.2008, she was turned out of the matrimonial home alongwith her minor child. On 21.9.2008, panchayat was convened at the house of the appellant and his family members to rehabilitate the respondent in her matrimonial house but to no effect. The respondent filed petition under Section 13 of the Act in which parties entered into compromise and the said petition was dismissed on 21.7.2010. Thereafter again the appellant and his family members started maltreating the respondent by demanding Zen car from her besides calling her with bad names. On 24.2.2013, the appellant and his family members gave beatings to the respondent and turned her out of the matrimonial house. On 3.3.2013, the respondent and her brother convened panchayat to persuade the appellant and his family members to rehabilitate the respondent in her matrimonial house but they remained adamant and refused to rehabilitate the respondent. Ultimately, the respondent filed petition under section 13 of the Act for dissolution of marriage on the ground of cruelty. Upon notice, the appellant appeared and filed written statement controverting the averments made in the petition. It was stated that the appellant was ready to live with the respondent at any place but she was not ready. She was under the influence of her brother and other family members. The respondent who was government employee wanted to get rid of the appellant. The trial court after appreciating the evidence on record allowed the petition filed by the respondent -wife vide impugned judgment and decree dated 16.8.2014. Hence the instant appeal by the appellant husband.

(3.) THE trial court on the pleadings of the parties framed the following issues: - -