HAV. DIWAN CHAN Vs. RAJ KUMARI

JUDGEMENT

(1.) THIS is husband's appeal against the grant of decree of divorce under Section 13 of the Hindus Marriage Act (for short the Act) filed by the respondent/wife.

(2.) THE respondent/wife sought a decree of divorce on the allegations that the marriage between the parties took place in the month of June, 1980 at village Khanni, Himachal Pradesh according to Hindu rites and ceremonies. After the marriage the parties lived and cohabited as husband and wife in village Gobindsar and out of the wedlock three children namely Nisha Rani aged about 15 years, Krishana Rani aged about 13 years and Parveen Singh male aged about 10 years were born, who are staying with the respondent/wife.

(3.) A complaint was also made by the appellant/husband to the Commandant, which was sent to the S.S.P. of the District Gurdaspur for taking action against the persons. The case set up by the wife further was that when she objected to making of false allegations, she was given beating by the appellant/husband. Wife also pleaded that on 3.6.1996 the appellant dragged out the respondent from matrimonial home after giving her severe beating and turned her out of the house in three cloths, by stating that he did not want to keep her as his legally wedded wife. Allegations of character assassination were also made.