GURMAIL KAUR Vs. GURCHARAN SINGH

JUDGEMENT

(1.) The appellant-wife has filed this appeal challenging judgment and decree dated 17.5.2013 passed by the learned Additional District Judge, Ludhiana vide which a petition filed by respondent-husband under Section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") has been accepted and a decree of divorce dissolving marriage of the parties has been passed.

(2.) The case set up by respondent-husband, in his petition under Section 13 of the Act, is that the marriage between the parties was solemnized on 4.11990 at Village Haripur, Tehsil Amloh, District Fatehgarh Sahib by performing Anand Karaj ceremony and two daughters were born out of the wedlock. The respondent-husband asserted that the appellant-wife was a strong headed lady and used to misbehave with him and left the matrimonial home about 10 years back and started residing with her father at village Haripur, Tehsil Amloh, District Fatehgarh Sahib. It is averred that the appellant-wife had filed a petition under Section 13 of the Act seeking divorce on 24.10.1997, wherein a decree for judicial separation was passed on 27.3.1999 and ever since then there has been no cohabitation amongst the parties and there has been no resumption of conjugal rights since the last ten years.

(3.) The appellant-wife in her reply raised objections as regards maintainability, locus standi etc. and alleged that the respondent-husband had not approached the Court with clean hands and is estopped by his act and conduct to file the petition and had not even paid any maintenance to the appellant-wife. The appellant-wife stated therein that the respondent-husband and other members of his family are greedy persons and had been pressurizing her to bring more dowry from her parents and also to adopt a son of his brother, as the appellant-wife had been blessed with female children only. The appellantwife further stated therein that the respondent-husband gave beatings to her and had turned her out of matrimonial home in the month of February 1994 and since he refused to maintain her, she alongwith her minor daughters had been living at the mercy of her parents.