MANMOHAN SINGH Vs. HARPREET KAUR

JUDGEMENT

(1.) The present appeal has been directed against the judgment and decree dated 22.1.2014 passed by the Additional District Judge, Patiala (for short- "trial court") whereby the petition filed by Manmohan Singh (appellant herein) for grant of a decree of divorce under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as "HMA") has been dismissed.

(2.) The respondent filed the written statement and, in turn, denied all the allegations on the basis whereof, the appellant has sought to plead cruelty on her part. It is, inter alia, averred that documents with regard to divorce of the respondent with her earlier husband were handed over to the appellant before he gave his consent for marriage with the respondent. The answering respondent was maltreated and was given beatings due to demand of dowry despite the fact that sufficient dowry was given at the time of marriage. She was locked in a room and was got liberated with the intervention of her parental family members and local police to whom information was given by the answering respondent through her mobile phone. The police recorded statements of the parties wherein the appellant and his family members admitted their fault and apologized not to commit any act of cruelty in future. The medical report and the order passed by the Human Rights Forum clearly shows that it was the appellant and his family members who had treated the respondent with cruelty. The appellant is trying to take benefit of his own wrong which is not permissible under law. The appellant filed replication re-asserting his stand set up in the petition while controverting the averments raised in the written statement.

(3.) The controversy between the parties led to framing of following issues by the learned trial Court:-