AMARJEET KAUR Vs. JOGINDER SINGH

JUDGEMENT

(1.) THE respondent-husband filed a petition under Section 13 of the Hindu Marriage Act for the dissolution of the marriage on plea of cruelty. The petition came to be allowed by the learned Trial Court thereby impelling the appellant-wife to come up in appeal.

(2.) THE marriage between the parties was solemnised in the year 1980. Two children (one female and the other male) were born out of their union. The attitude of the appellant-wife towards the respondent-husband was insulting and non cooperative from the very inception of the marriage. She hated rendering services to the aged parents and an unmarried uncle of the husband who had been putting up with them. The appellant would always insist upon separation (in mess and residence) from the family to which the respondent was not agreeable. On account thereof, the appellant developed aversion to the respondent and their children. The appellant would not leave a chance to insult the respondent in the presence of the relations and guests. The appellant would further held out a threat that she would poison her children and commit suicide in order to frame the respondent in a criminal case. In execution of that threat, she consumed pesticide on 26.7.1980. However, she was immediately hospitalised by the respondent at Civil Hospital, Kotkapura. From there, she was shifted to CMC, Ludhiana, where she remained admitted for the period from July 26, 1990 to 31 July, 1990. The medical bill for that hopitalisation and treatment was paid by the respondent. However, appellant's parent came over thereafter and fetched her to her natal house, without even bothering to speak to the respondent. Three days thereafter, the appellant lodged a report with the police that respondent and his relations had tried to kill her by forcing pesticide into her mouth. In a Panchayat held as a reconsideration endeavour, the appellant conceded her lapse and promised to behave well in the times to come. Those proceedings were documented in the presence of Iqbal Singh Sarpanch, The parties also signed the proceedings in the presence of respectable and relations who attended that Panchayat. However, the appellant again left the matrimonial house in the absence of the respondent who was thereby compelled to file a divorce plea on 23.10.1990. Again, the appellant expressed a feeling of remorsefulness and assured to mend her ways. On that basis, the respondent withdrew that petition. The appellant did not, however, honour that commitment, thereby impelling the respondent to file the present divorce petition on 27.7.1991.

(3.) THE respondent examined the Accountant of CMC, Ludhiana as AW-2 and Iqbal Singh, Sarpanch as AW-3, besides entering the witness box, as his own witness. As against it the appellant entered the witness box, as her own witness, as RW-2 and also examined her maternal Uncle Dial Singh as RW-1.