GURJEET SINGH Vs. AMARJIT KAUR

JUDGEMENT

(1.) THE present appeal is directed against the judgment dated 20.12.2005 vide which the learned Trial Judge non-suited him on a divorce plea, which he had preferred against the respondent-wife on the allegations which may be indicated as under :-

(2.) THE parties were married on 31.12.2000 at Village Biwipur, Tehsil Kharar, District Ropar as per an Anand Karaj Ceremony. The appellant is a serving defence personnel and he used to be mostly away from the matrimonial house "which give chances to the respondent for searching of greener pastures." The averment in the context was the respondent is a lady of easy virtue. The respondent misbehaved with the appellant and members of his family from the very first day of the marriage. She crossed "the limits of her cruelty" when she got a false FIR (No. 49 dated 9.4.2002, under Sections 406/498-A IPC) registered against the appellant and members of his family. In short, the appellant pleaded for the grant of a decree of divorce on the plea that the respondent treated him and members of his family with cruelty from the very first date of the marriage and her acts of cruelty culminated in the lodging of the FIR aforesaid by her on 9.4.2002. The other plea put forward was regarding adulterous character of the respondent. It was further alleged in the petition that the respondent deserted the appellant without any sufficient cause and started putting up at her parental house.

(3.) THE trial proceeded on the following issues :