BALWANT SINGH Vs. SURINDER PAL KAUR

JUDGEMENT

(1.) Aggrieved from the dismissal of his petition under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act') by the learned Additional District Judge, Chandigarh, vide judgment and decree dated 6.11.2004, appellant -Balwant Singh has preferred this appeal.

(2.) The facts as delineated in the petition under Sec. 13 of the Act filed by the appellant are that marriage between him and the respondent -Surinder Pal Kaur was solemnized on 10.2.1991 at village Padiala, District Ropar according to Hindu rites in a simple manner. They cohabited at Chandigarh as husband and wife upto 5.2.1998. They were blessed with a daughter, namely, Amarpreet Kaur on 24.11.1991 and a son, namely, Harpreet Singh in the year 1998. It is averred that the respondent habitually left the matrimonial home without even informing the appellant who was treated with cruelty. She would pass derogatory and sarcastic remarks about the appellant's choice in the presence of shopkeepers. It is averred that she would boast about earning as much as the appellant and would make unkind remarks about his appearance. The respondent allegedly stated that the appellant was not to her liking and would pray for his early death so that she could marry a handsome person. The respondent never served tea and food to the friends and relatives of the appellant and demanded that a domestic servant be engaged. Food was mostly arranged from a hotel or restaurant. She quarreled with the appellant and insulted and humiliated him. Her whereabouts after office hours were not known.

(3.) It is further averred that appellant purchased House No. 2359/2, Sector 45 -C, Chandigarh out of his hard - earned money but the respondent refused to allow the appellant and his daughter to live there and they perforce live in the village due to which his daughter's studies have been badly affected. It is alleged that respondent's father came to their house in Sector 45 -C on 5.2.1998 and asked him to send the respondent along with him. The appellant requested the respondent not to leave as their daughter was unwell, but she insisted on leaving and it was ultimately settled that the appellant and respondent would live separately for some time. Thereafter, the respondent left the house along with her father leaving behind the appellant and their ailing minor daughter. The appellant made all efforts to persuade the respondent to reside with him but she refused to live with him. She has, thus, willfully and without any reasonable cause withdrawn from the appellant's society for two years from the filing of the petition. Thus, on allegations of cruelty and desertion, divorce was sought by the appellant.