SATPAL KAUR Vs. BARU SINGH

JUDGEMENT

(1.) This first appeal is directed against the order of the learned District Judge, Sangrur, vide which application under Section 13 of the Hindu Marriage Act filed by Smt. Paul Kaur against her husband Baru Singh has been dismissed, leaving the parties to bear their own costs.

(2.) The parties were married on 16-4-1972 at Village Bajwa, Tehsil Dhuri. The case of the petitioner- appellant is that when she went in Doli to the house of her husband Baru Singh, she was given a slap on her face by him (Baru Singh) and was treated with cruelty which caused a reasonable apprehension in her mind, that it will be harmful and injurious for her to live with him. It may also be mentioned here that Muklawa ceremony of the parties was not yet performed. It is also urged by the petitioner appellant that she has been deserted by her husband and he has not cared to take her back to his house. She, therefore, filed application under section 13 of the Hindu Marriage Act, for a decree of divorce.

(3.) Baru Singh respondent contested this petition and pleaded that he did not give slap to the petitioner-appellant on the first night of their marriage nor he was addicted to intoxication, that he was not associated with had persons, that he made efforts to bring Paul Kaur to his house and that lie is ready and willing to keep her with him and for that purpose he had made an application under section 9 of the Hindu Marriage Act. It is said that this application under Section 9 of the Hindu Marriage Act has been decreed. The following issues were framed by the trial Court :