SURJIT KAUR Vs. AVTAR SINGH

JUDGEMENT

(1.) THIS is wife's appeal against the judgment and decree dated 14.2.2003 passed by the learned Additional District Judge, Ludhiana vide which petition filed by respondent/husband under Section 13 of the Hindu Marriage Act, 1955 (for short the Act) was accepted and the marriage between the parties was ordered to be dissolved by a decree of divorce.

(2.) THE parties to the litigation were married according to Sikh rites on 21.6.1990 at Mohalla Nanakpura, Raikot, District Ludhiana. After the marriage, the parties resided together at village Jodhan, District Ludhiana. No child was born out of this wedlock. The case of the respondent/husband was that the appellant/wife developed relations with Sukhchain Singh son of Naranjan Singh, resident of Sabaddi khurd and at his instance created a scene in matrimonial home whenever the respondent/husband objected to the illicit liaison. It was the case set up by the respondent/husband that the appellant claimed that she would rather leave the respondent/husband than severe her relation with Sukhchain Singh. The case further set up was that all attempts of the respondent and his relations to discontinue illicit relation failed. The appellant thereafter left matrimonial home on 22.8.1992 without any reasonable cause. It was the case of the respondent that he along with respectables went to the house of the appellant to persuade her not to do illegal or illegitimate acts but she refused to join the society of respondent No.1 by claiming that she would live with Sukhchain Singh. Divorce was also sought on the ground of desertion besides cruelty and adultery.

(3.) IN the replication the averments made in the petition were reasserted while denying those made in the written statement.