BALDEV SINGH Vs. KARAMJIT KAUR

JUDGEMENT

(1.) THE appellant-petitioner has assailed the decree of dismissal of his divorce petition, under Section 28 of the Hindu Marriage Act (in short 'the Act' ).

(2.) STATED briefly the facts of the case are that the appellant petitioner married the respondent on 15. 4. 1984 at village Ablu according to Anand Karaj. Thereafter, they lived together and cohabited with each other.

(3.) THE respondent in her statement pleaded inter alia that she lived in matrimonial home till 11. 9. 1989. She was harassed and ill-treated by the husband and by his mother and sister as she could not give birth to any issue in this wedlock and she could not satisfy their demand for dowry. She and her sister were beaten by him and his relations. Both the sisters were turned out of the matrimonial home in their wearing apparel only. Her brother alongwith certain other persons came to the petitioner's house and explained that he could not give more dowry as they are poor persons. In the month of September, 1989, she was wrongly confined in the matrimonial home. Her brother Mukand Singh got her recovered therefrom with the help of the police on 11. 9. 1989. On that date, she was medically examined as she sustained injuries due to the beating given to her by the petitioners. The petitioner never made any attempt to rehabilitate her. No Panchayat was brought by him. Thus she has denied both the grounds of divorce i. e. desertion and cruelty.