AMARJIT KAUR Vs. GURSEWAK SINGH

JUDGEMENT

(1.) THIS appeal is by wife, Amarjit Kaur, against the decree of divorce granted to her husband Gursewak Singh leading to dissolution of marriage between the parties. Respondent-husband had sought divorce on the ground of cruelty, which was accepted by the Additional District Judge, Muktsar. The facts would show that this was the marriage between the couple, who are closely related to each other, but still could not make the marriage to survive. Respondent-husband is serving in Punjab Police and is allegedly leading adulterous life, which seems to have strained this marriage leading to this divorce. In a way the husband seems to be taking advantage of his own wrong. This fact apparently is not properly appreciated by the matrimonial Court.

(2.) THE facts in brief are that this marriage was solemnized on 22.2.1998 by way of Anandkaraj at village Sarawan Bodla, tehsil Malout, District Muktsar. A male child was born out of this wedlock. The couple lived together as husband and wife till December 1998. As per the respondent-husband he learnt that the appellant-wife is greedy lady having hot temper. She was working as a teacher in Aanganwari at village Sarawan Bodla. It is alleged that appellant-wife used to express that she did not like the husband and his parents. She made a demand for transfer of immovable property in her name and indulged in abusing the husband and his parents. Allegation further is that she did not look after the affairs of the family. These aspects were brought to the notice of the family of the appellant-wife but this did not have any effect. Even panchayat was assembled by father of the respondent-husband, which had gone to the parental house of the appellant-wife several times with a request that the appellant-wife be asked to behave properly, but still this did not lead to any positive outcome. On intervention of the respectables of the village and keeping in view the other circumstances, share out of domestic goods and all dowry articles were given to the appellant-wife. Thereafter, the appellant- wife had agreed not to unnecessarily harass the respondent-husband or to falsely implicate him or his family members. She, however, went back on her promise and registered a false FIR on 21.7.2001 under Section 406/498-A IPC at Police Station, Malout against the family of the respondent-husband. This, according to the respondent-husband, was a cause of great mental pain to him. Subsequently this FIR was got cancelled and the cancellation report was accepted by Sub Divisional Judicial Magistrate on 10.4.2002. It is then averred that the appellant-wife deserted the respondent-husband without sufficient cause and had not returned for more than two years despite several efforts made for reconciliation. The act and conduct of the appellant-wife had thus, caused cruelty and mental sufferings to the husband and his family, says the husband, and hence he filed divorce petition seeking dissolution of marriage on the grounds of cruelty and desertion.

(3.) APART from the grounds of cruelty and desertion, the respondent-husband has pleaded that the marriage between the couple is within prohibited degree of relationship as the appellant-wife is a daughter of his real aunt (Bua) which would show that this marriage is not legal in the eyes of law. This fact, of course, has been denied by the appellant-wife by stating that there is no spinda relationship between the couple and that they had lived as husband and wife after January 2000. It is further pleaded that the FIR dated 21.7.2001 was wrongly cancelled mainly because of the influence of the respondent- husband, who is a police official serving in the police department. It is stressed that respondent-husband is living an adulterous life and should not be allowed to take advantage of his own wrong.