JASWINDER KAUR Vs. HARVINDER SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 6.9.1999 rendered by the Court of District Judge, Hoshiarpur, vide which the petition under Section 13 of the Hindu Marriage Act, filed by the husband -respondent, herein, was accepted and the marriage between the parties, was dissolved.

(2.) THE facts, in brief, are that on 5.4.1995, the marriage between the parties, was solemnized. The parties cohabited, as husband, and wife at village Pundher District Hoshiarpur. No child was born, from this wed -lock. It was stated that, from the beginning, the attitude of the appellant -wife, was hostile towards the parents of the respondent -husband. He is the only son of his parents, as his both sisters are married. In the first instance, the appellant -wife, stayed with him for about 20 days, and thereunder, he left for his place of posting. The appellant -wife then left the house of his parents, and went to the house of her parents. She had been insisting upon the respondent, to live separately, from his parents, but he being the only son of his parents, could not oblige her. At times , when he used to come, on leave, from his place of posting, he used to bring the appellant -wife from her parents house. The sister and brother -in -law of the respondent -husband, had gone to the house of the parents of the appellant to bring her back, but to no avail. On one occasion, she stayed for one month, with his mother, in the absence of the respondent -husband, but her attitude remained the same. She was not taking meals, cooked by his mother. In September, 1995, the father of the appellant -wife came to the house of the parents of the respondent, and took her with him. Thereafter, she did not come back to the house of the respondent. The respondent -husband, had also brought some money, for the construction of his house, and handed over the same, to the appellant -wife, but, on demand, she refused to give back the amount. It was further stated that the appellant -wife was torturing the respondent -husband and his parents. She was also instigating him, against his parents, and leveling false allegations, against them. Many Panchayats were convened to bring back the appellant -wife, but to no avail. Ultimately, a petition under Section 13 of the Hindu Marriage Act, 1955, amended upto date, was filed, by the respondent -husband, against the appellant -wife, on the grounds of cruelty and desertion.

(3.) ON the pleadings of the parties, the following issues, were struck: