SODAGAR SINGH Vs. MEENU

JUDGEMENT

(1.) FEELING aggrieved by the judgment and decree dated 16.1.2015 passed by the Additional District Judge, Sahibzada Ajit Singh Nagar (Mohali) allowing the petition filed by the wife -respondent under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act") for dissolution of marriage by a decree of divorce, the husband -appellant has approached this Court by way of instant appeal.

(2.) A few facts necessary for adjudication of the present appeal as narrated therein may be noticed. In the divorce petition filed before the trial court, it was averred that parties are residents of village Mullanpur Garib Dass, Tehsil Kharar, District SAS Nagar (Mohali) and their houses are adjoining to each other and the marriage between the parties was solemnized on 7.6.2012. The respondent was treating the appellant like her brother and there was no relation of any kind between them. On 11.6.2012, the appellant took the respondent from her house on the pretext of getting her a job. She was taken to a Gurudwara Sahib where she was compelled to marry the appellant. In the Gurdwara Sahib, the appellant, his parents, sister, brothers and some other relatives were present. The respondent got married with the appellant by way of Anand Karaj under their threat. Thereafter, she was taken to a hotel in Mohali where they remained for two days, i.e. 11.6.2012 and 12.6.2012. The appellant also got the marriage registered on 7.6.2012 at the back of the respondent. The appellant also filed a petition under Section 482 of the Code of Criminal Procedure in this Court for protection of life and liberty of the parties. The said petition was allowed and the SSP, Mohali was directed to examine the petition and take necessary steps, if so warranted, in accordance with law. On 14.6.2012, without the consent of the respondent, the appellant committed rape upon her. Even the brothers of the appellant also committed rape upon the respondent without her consent. However, she became pregnant and the appellant and his parents along with his brothers got aborted the child. Thereafter, the appellant and his family members started harassing the respondent and threatened her to take share in the property of her father failing which they would not allow her to live in their house. They also used to beat her. The father of the respondent filed Crl.WP No. 19152 of 2012 in this Court. The respondent was present in the said case and she was directed to file her affidavit vide order dated 17.12.2012. She was threatened by the appellant to give statement that she would reside with the appellant and was not ready to go with her father. Under the compelling circumstances, she made a statement that she would go and reside with the appellant and would not go with her father. On 6.4.2013, the respondent in the absence of the appellant ran away and went to her parental house at village Mullanpur Garibdas wherein she narrated the entire story to her father, who took her to Police Station, Mullanpur Garibdass and got recorded FIR No. 33 dated 6.6.2013, under Sections 323, 376, 498 -A, 315, 316, 506, 511 of the Indian Penal Code against the appellant and his parents, brothers and sister. Thereafter, she filed a petition under Section 13 of the Act for dissolution of marriage between the parties by a decree of divorce. The said petition was contested by the appellant by filing a written statement. Besides raising various preliminary objections, it was pleaded that the petition has been filed under the influence of her parents. She had got recorded the FIR against the appellant and his family members under the influence of her parents. It was a love marriage and the parties had appeared before this Court for taking directions against the parents of the respondent and had also made a statement in this regard before this Court. Thereafter, the relations between the parties worsened due to interference by the parents of the respondent. According to the appellant, he and the respondent fell in love with each other and the parents of the respondent refused for their marriage. They ran away from the house and got married. They applied for protection before this Court and they were granted protection. The father of the respondent filed a habeas corpus petition which was dismissed by this Court. The appellant was very happy when he came to know about the pregnancy of the respondent. The parents of the respondent got the child aborted and levelled false allegations against the appellant and his family members. The other averments made in the petition were denied and a prayer for dismissal of the same was made. From the pleadings of the parties, the trial court framed the following issues: -

(3.) THE trial court took issues No. 1 and 2 together being interconnected and on appreciation of evidence led by the parties, decided the same in favour of the respondent holding that the appellant treated her with cruelty and he used to harass and beat her and, therefore, she was entitled to a decree of divorce. Accordingly, the trial court vide judgment and decree dated 16.1.2015 allowed the divorce petition filed under Section 13 of the Act by the wife and passed a decree of divorce by dissolving the marriage between the parties. Hence, the present appeal.