AMRIT PAL SINGH Vs. GURPREET KAUR

JUDGEMENT

(1.) AMRIT Pal Singh appellant/husband has filed this appeal against the judgment and decree dated 13.3.2007 passed by the learned District Judge, Patiala on a petition filed by the respondent/wife under section 13 of the Hindu Marriage Act (for short the Act) seeking a decree of divorce.

(2.) MARRIAGE between the parties, took place on 23.1.1994 at Patiala according to Sikh rites. After the marriage the parties cohabited and lived together and out of this wed-lock a male child was born on 20.2.1996. It was the case of the respondent/wife, that appellant/husband was addicted to liquor and other intoxicants. He wasted the whole of the dowry articles and golden jewellery belonging to the respondent/wife, for the lust of liquor and other intoxicants. Other ground on which divorce was sought was that she was given severe beating by the appellant/husband, and it had become routine of the appellant to give severe beating to the respondent/wife under the influence of liquor. It was also the case of the respondent/wife that in the month of March, 2004, the appellant/husband had given beating to her for not bringing sufficient amount in the form of Nanakshak, and that she was turned out of the matrimonial home along with minor child. Panchayat was convened by the parents of the respondent/wife, and on asking of the panchayat, appellant/husband assured that he would behave with the respondent/wife properly, and would not maltreat her in future on account of dowry, but in spite of assurance given, the behaviour of the appellant/husband towards the respondent remained cruel.

(3.) AS already referred above it was averred that her dowry articles were wasted by the appellant, and because of the ill-treatment, physical and mental health had deteriorated.