RAJINDER KAUR Vs. KULDEEP SINGH

JUDGEMENT

(1.) THIS appeal by the appellant/wife is directed against the judgment and decree dated 30.7.2002 passed by the learned Additional District Judge, Patiala vide which petition filed by the respondent/husband under Sections 11 and 12 of the Hindu Marriage Act, 1955 (for short the Act), was allowed.

(2.) THE respondent/husband filed a petition under Sections 11 and 12 of the Act against the appellant/wife on the allegations that the marriage between the parties was solemnized on 5.12.1997 at Ropar. Prior to the marriage the respondent/husband was married to one Surjit Kaur and a female child namely Jaswinder Kaur was born on 15.8.1993. Surjit Kaur died on 10.5.1995 and thereafter the marriage between the parties was performed.

(3.) PETITION was contested on the plea that the respondent/husband has suppressed the material facts regarding birth of a female child on 5.2.1999 in Kiran Nursing Home, Ropar. Smt.Surjit Kaur earlier wife of the respondent had died as a result of dowry death. FIR No. 115 dated 5.5.1995 was registered at Police Station Sadar Patiala against the respondent and his father. It was alleged that the marriage between the parties was arranged through Ms. Kamaljit Kaur wife of Mohan Singh and not by Daljit Singh. It was disclosed that sub-caste was correctly disclosed at the time of marriage. It was pleaded that sub castes of the parties were different. It was also pleaded that the fact regarding previous marriage was disclosed to the respondent. Stand was taken that the marriage with Jaspal Singh was dissolved through writing in the panchayat which was written on stamp paper and signed by both the parties. Stand was also taken that the marriage between the parties was solemnized after dissolution of earlier marriage of the appellant with Jaspal Singh in the panchayat, and that Jaspal Singh had also solemnized second marriage with Baljinder Kaur daughter of Jagir Singh on 30.6.1998. It was denied that the certified copy of the decree was ever asked from the appellant.