RAGHUBIR SINGH GILL Vs. SURJIT KAUR

JUDGEMENT

(1.) APPELLANT has preferred this appeal against the judgment and decree of the Trial Court dated 4. 2. 1992 passed in Hindu Marriage Act Application No. 111 of 1988.

(2.) UNCONTROVERTED facts are that the appellant was married to the respondent on 21. 3. 1965 at Karnal. Thereafter they live together at Jaipur, Delhi and lastly at Chandigarh. In this wed-lock one daughter Tarun Deep Gill was born on 8. 3. 1966 and one son Himmat Singh was born on 21. 9. 1968. Since 8. 2. 1983 the respondent is living at her parental home in Karnal. Letters were exchanged between the parties. Attempts for reconciliation were also made by the relations and friends but all in vain.

(3.) THE respondent resisted the petition on various grounds. It is assailed to be belated and on this count alone it is averred that the petition deserves to be dismissed. It is further contended that she was treated like a slave in the matrimonial home. She was required to wash the clothes, clean the utensils and sweep the floors. Many a times she was forced to go to the market to bring the grocery items etc. She and her children were not properly fed. Her parents used to send all eatable items from Karnal. Appellant's behaviour with her was harsh and cruel. He behaved like a savage in the bed. She was forced to live in one room only with her children. She was willing to do all house-hold cores provided she was given status, respect and dignity of a housewife. Even that was denied to her. Her jewellery is kept in appellant's locker which he refused to return. The expenses of the education of her children at Nainital were borne by her parents. 30 Acres of land and few lacs of rupees in F. D. Rs. are given by her parents. Appellant wanted her to give that money and to sell off the land so that he may construct a house and invest that money in his newly started business. She declined to do so. In February, 1983 she went to Karnal to attend her brother's marriage, thereafter she did not come back, though attempts were made for reconciliation. They corresponded with each other but to no fruitful result. When Col. Phulwant Singh went to Dagshai to talk to them, as she was not there, he came back. She still intends to go and join the appellant.