INDERJIT KAUR Vs. CHARANJIT SINGH

JUDGEMENT

(1.) Wife has preferred this first appeal under section 28 of the Hindu Marriage Act challenging the judgment dated April 28, 2014 passed by the Additional District Judge, SAS Nagar, Mohali dismissing her application under section 13 of the Hindu Marriage Act, for short 'the Act' for dissolution of her marriage with respondent Charanjit Singh.

(2.) The appellant was married to the respondent on May 26, 1998 at SAS Nagar, Mohali. Out of marriage, two children, Kiranjot Kaur (daughter) and Jaswinder Singh (son) were born on March 20, 1999 and November 16, 2000, respectively. In her petition she claimed that her parents had given sufficient dowry but the respondent started misbehaving, insulting and taunting the appellant at the instigation of his family members and started beating her. She has pleaded that the respondent started taking liquor and stopped working. When she used to object, he would give her severe beatings. Appellant levelled allegations that he demanded a sum of Rs. 10 lacs. On her refusing to oblige she was turned out of the matrimonial home in September 2010. She has been residing separately in her parents house. Allegations of using filthy and insulting language by the family members of the respondent have also been raised.

(3.) The respondent contested the petition alleging that the appellant had not disclosed her marital status being a divorce at the time of her marriage. Respondent pleaded that it being the second marriage of the appellant it was a simple affair. Respondent claimed that he had great love and affection for the appellant. The allegations of misbehaviour were denied. Rather it was claimed that behaviour of the appellant towards the mother of the respondent was not up to the mark. He pleaded that the appellant had openly declared that she had no liking for the respondent and his relations. He pleaded that the appellant is a lady of luxurious habits. She owns a shop in Sunny Enclave, maintained a car and scooter. She earns rental income and is not ready to live with the respondent and the children. It was claimed that she used to pick up quarrel on petty matters and neglected her husband and minor children. The allegations of demand of sum of Rs. 10 lacs were denied. It was also denied that she was ever shunted out of the matrimonial home. The respondent pleaded that he had sufficient money to fulfil each and every desire of the wife but she wants to enjoy life alone by staying away from the respondent. The husband had filed an application under Section 9 of the Act for restitution of conjugal rights. It was alleged that she was herself a wrong doer as such she was not entitled to get the relief of divorce. He also averred that a joint petition under Section 13 B of the Act had been filed but later on she made a statement that she did not want to proceed with the said petition.