GULZAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ALL is well that ends well. Though the Court is not deriving pleasure by dissolving the marriage of a husband and wife, yet keeping in view that fact that it is a broken marriage to such a proportion that there cannot be restoration of confidence between the husband and wife because with Surjit Kaur has even alleged against her husband that the latter was responsible in having a second marriage. If this is the situation, our society and the law does not accept that a wife should be compelled to live in the house of her husband against her wishes. Smt. Surjit Kaur filed an FIR No. 38, dated 5.4.1998 under Sections 498 -A, 406, 494, 120 -B, 148 and 149 IPC. Apprehending their arrests, Shri Gulzar Singh, Kanwaljit Singh etc. filed Crl. Misc No. 9617 -M of 1998 in the High Court. During the pendency of the proceedings, this Court made an endeavour first for reconciliation. But the efforts for reconciliation failed because of the alleged allegations of the wife that her husband Shri Baljit Singh has remarried. Second proposal thrown to Smt. Surjit Kaur was to accept the amount of maintenance etc. and she may agree for the dissolution of the marriage. This suggestion was thrown keeping in view of the fact that wife is a young girl of 23 years and she has a vast future before her. So much so during the subsistence of her marriage, she has not been able to conceive a child. The suggestion was acceptable to the lady, who agreed to dissolve the marriage on receipt of Rs. 2 Lacs by way of past and future maintenance and also being the price of some of the dowry articles, which, according to her, are lying in the possession of her husband. This offer was acceptable even to the husband. In pursuance of the agreement, a joint petition under Section 13 -B has been filed in the Court and I give a direction to the Registry to allot a regular number to this petition. Further, a petition under Section 482 Cr. P.C. has also been filed for the quashment of the F.I.R. in view of the agreement arrived at between husband and wife. I further direct the Registry to give a regular number to this petition also.

(2.) I have separately recorded the statements of Smt. Surjit Kaur and her husband Baljit Singh. A sum of Rs. 2 Lacs has been paid in my presence to Smt. Surjit Kaur, who is present in Court along with her parents namely Shri Balbir Singh and Smt. Kuldip Kaur besides her counsel Shri Hemant Saini, Advocate. I have formulated this opinion that the marriage between husband and wife has broken beyond proportions of repairs and in these circumstances I allow the parties to file a joint petition in the High Court by invoking my inherent powers. I further dispense with the statutory period of limitation under Section 14 of the Hindu Marriage Act. I further feel that there is no legal impediment under the law for the dissolution of the marriage as I do not find prima facie that husband and wife had colluded with each other in filing the present petition.

(3.) RESULTANTLY the petition under Section 13 -B of the Hindu Martiage Act is hereby allowed and I dissolve the marriage of Surjit Kaur and Baljit Singh forthwith. There shall be no order as to costs in this petition.