GEETA Vs. DAVINDER SINGH CHAHAL

JUDGEMENT

(1.) The appellant-wife Geeta has filed this appeal challenging judgment and decree dated 3.2.2014 passed by the Court of learned Additional District Judge, Kapurthala, whereby a petition filed by her under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') seeking dissolution of her marriage with respondent-husband Davinder Singh Chahal has been dismissed.

(2.) As per case set up by appellant-wife in her petition under Section 13 of the Act, she was married to respondent-husband on 16.9.2005 at Chandigarh as per Sikh rites and they cohabited together as husband and wife at Kapurthala and two children were born out of the wedlock. It is averred that though it was a love marriage but soon after the marriage, the attitude of respondent-husband and his parents was shocking and they started taunting for having brought less dowry and demanded an amount of Rs. 1.5 lacs to send the respondent abroad. It is averred that the respondent-husband got addicted to vices and started taking intoxicants and used to threaten the appellant-wife to eliminate members of her family and ultimately turned her out of the matrimonial home on 24.12007 after giving beatings.

(3.) The appellant-wife made a complaint to the police and also filed a petition under Section 13 of the Act but the same was subsequently withdrawn upon an assurance given by the respondent-husband. However, since the attitude of the respondent-husband did not change and she was again turned out of the matrimonial home in February 2009, she filed another petition seeking divorce on 22.1.2010. It is averred that since the matrimonial dispute was again resolved, she withdrew the aforesaid petition. It is further averred that the respondent-husband, however, always treated her with cruelty, forcing her to approach the Courts again seeking divorce.