MANJEET KAUR Vs. SURINDERPAL SINGH @ RAJA

JUDGEMENT

(1.) The appellant-wife challenges judgment and decree dated 03.10.2006, passed by the District Judge, Faridkot, whereby a petition filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act') for dissolution of marriage, has been allowed.

(2.) Counsel for the appellant submits that the trial court has erred in deciding issues No.1, 2 and 3 jointly, thereby causing serious prejudice to the appellant. The mere fact that the respondent-husband may have been acquitted of charges under Sections 406/498-A of the IPC, does not raise an inference of cruelty. The onus of proof in criminal and civil cases is different. The fact that allegations have not been proved in a criminal case cannot enure to the benefit of a respondent in a matrimonial dispute. The finding that the appellant alleged sodomy and the allegation that the appellant lives in her parental home, are both factually incorrect.

(3.) Counsel for the respondent submits that the impugned judgment does not call for interference on any legal or factual ground. The appellant filed a petition under Sections 406/498-A of the IPC which has admittedly been dismissed. The allegations of cruelty and misappropriation of dowry etc. having been found to be false, must necessarily raise an inference of cruelty. It is further submitted that the appellant is temperamental and quarrelsome by nature and insulted the respondent and his family members on petty issues and even levelled false allegations of sodomy before the Chairperson, Punjab State Commission for Women which were investigated by the SSP, Faridkot and found to be false. The appellant has also levelled allegations of sodomy which she could not prove and even otherwise, the parties have been residing apart for the last 19 years.