RANBIR SINGH Vs. BALBIR KAUR

JUDGEMENT

(1.) HUSBAND petitioner Ranbir Singh has preferred this appeal assailing the judgment and decree passed in H.M. Case No. 28 of 1987 decided on 16.12.1988 whereby his petition filed under Section 13 of the Hindu Marriage Act (in short the 'Act') was dismissed.

(2.) THE factual matrix of the case is that the appellant -petitioner was married to the respondent -wife on 16.3.1976. At that time he was Head Constable in the Police Department. As the respondent -wife was in the process of her studies, the appellant -petitioner allowed her to continue her studies. She did her 5.A. Thereafter she was sent for a diploma Course in Arts and Crafts which she completed at Narwana from 1977 to 1979. Thereafter, they lived together till February, 1980. She could not give birth to any child.

(3.) THE respondent -wife denied the allegations of cruelty and desertion. She plead inter alia that she lived with her husband at Sangrur till May, 1980 and thereafter also from 23rd September, 1984 to 10th October, 1984 she lived with him at Sangrur. Her behaviour was not disrespectful towards him or his parents. Conversely her husband had disliking for her on two counts, firstly she could not give birth to any child and secondly despite her best efforts she could not get any job for which her husband was insisting all through. She was given beating and was turned out of the house. She went back to her parental home. She came to live with him in September/October, 1984. Thereafter, she was left at her parental home by the petitioner and his parents. She and her parents made many attempts, convened Panchayats also and requested the petitioner -husband to rehabilitate her, but he totally refused to reside with her.