SODHI MOHINDER SINGH Vs. RAJINDER KAUR

JUDGEMENT

(1.) This appeal has been filed by Sodhi Mohinder Singh against the judgment and decree of the Additional District Judge, Ferozepore dated January 31, 1974. where by his marriage was dissolved by a decree of divorce under section 13 of the Hindu Marriage Act, on a petition filed by Smt Rajinder Kaur, his wife.

(2.) Briefly the facts of the case are that Smt. Rajinder Kaur, petitioner was married to Sodhi Mohinder Singh respondent No. 1, on August 23, 1933, at Jehlum (now in Pakistan). The parties thereafter cohabited together in village Sodhi Nagar, in Tehsil Ferozepur, till 1957, and thereafter at Ferozepur Cantt. Out of their wed-lock. two sons and one daughter were horn. All the children of the petitioner and respondent No. I are married and have children.

(3.) It is alleged that respondent No. I, in the year 1958, started threatening the petitioner with cruelty and gave her beating several times. Respondent No. 1, in 1960, filed a petition for divorce against the petitioner which was stayed as he failed to pay the amount of maintenance fixed by the Court under Section 74 of the Act. Respondent No. 2, Smt. Ram Piari, it is averred, is the wife of Gobinda, Rai Sikh of Moga, who is still alive. She has three daughters and one son from Gobinda. She was earlier residing in village Sodhi Nagar where respondent No. I engaged her for doing menial work as maid servant. It is further averred that during the service respondent No. 1 developed illicit intimacy with respondent No. 2 and thereafter he started calling her a wife. A son was born to respondent No. 2 from the loins of respondent No. I who was aged 8; years and was studying in a school in Ferozepur Cantt at the time of the filing of the petition (i. e. August, 1971). Gobinda, it is further averred, instituted a criminal case against respondent No. I under Sections 494 and 497 Indian Penal Code, in January 1944. However, gave up his aforesaid case as respondent No. 1 had been convicted under Section 302 Indian Penal Code and was awarded life imprisonment by the Sessions Judge.