HARJIT KAUR Vs. JASWANT SINGH

JUDGEMENT

(1.) Appellant wife has filed this appeal under section 28 of the Hindu Marriage Act, 1955 (in short, the Act) against the judgment dated April 6, 1990, passed by Mr. Bakshish Kaur, Additional District Judge, Amritsar, in Hindu Marriage Act Case No. 17 of 1988.

(2.) Uncontroverted facts are that respondent-husband Jaswant Singh was married to the appellant -wife on April 7, 1985, at village Khapar Kheri according to Sikh rites. They lived together as husband and wife upto August 10, 1988. The appellant gave birth to a son on September 23, 1986.

(3.) The respondent-husband filed a petition under Section 13 of the Act for divorce on the ground of cruelty. His main contention was that the appellant's behaviour towards him and members of his family was not cordial. When at the time of marriage of his sister agricultural land was mortgaged to raise a loan to meet the expenses of marriage, she and her father objected to it. For her delivery she went on her own to her parental home and thereafter did not come back. Thereafter she also called him and his father in the Golden Temple complex through All India Sikh Students Federation (AISSF) to settle the issue threatening that otherwise they would be eliminated. Out of fear he and his father went there. They were scolded and on their persuasion they brought back the appellant to live with them, but within 10/15 days she again left the matrimonial home. Despite his various attempts to rehabilitate her, she has declined to come back. While leaving the matrimonial home, she had taken away her jewellery and valuable articles. They were again threatened by the said Federation, whereupon his father submitted a petition before the SSP Amritsar for their safety. Hence he claimed divorce.