KULDIP SINGH Vs. SHAWINDER KAUR

JUDGEMENT

(1.) CM No. 9425-CII of 2003 The applicant/appellant has moved this application to lead additional evidence, to produce on record OPD Card of PGI, showing prescription and various tests prescribed by doctors. Permission is also sought to place on record Medical Certificate and other reports, which though available were not produced on record. It is the case of the applicant that record sought to be produced is very relevant for proper decision of the case. The application is opposed on the ground that the application deserves to be dismissed, as it is mentioned in the application itself that these were in the knowledge of the applicant/appellant. On consideration, I find no merit in this application. The documents are not such which may be needed for pronouncement of judgment by the court, as the fact of nervous illness has already been taken note of. The documents sought to be produced by way of additional evidence are also not necessary for proper decision. Application dismissed. FAO No. 112-M of 1999 This appeal is directed against the judgment and decree dated 22.5.1997 passed by the learned District Judge, Rupnagar, vide which petition moved by the appellant under section 13 of the Hindu Marriage Act (for short the Act) stands dismissed.

(2.) THE appellant filed a petition under section 13 of the Act on the allegations that the marriage between the parties was solemnized on 6.12.1987 at Patiala according to Anand Karaj. After the marriage the parties resided at Mundi Kharar along with the parents of the appellant. After some time respondent wife started compelling the appellant to live separately from his parents as she did not like them. The case of the appellant was that he tried to persuade her not to compel him to take that step. On account of this the respondent started misbehaving with the parents of the appellant and therefore, the appellant was left with no alternative but to shift to Mohali in September, 1990.

(3.) THIS mental torture resulted in mental illness of the appellant in 1991 when he was admitted to PGI, Chandigarh and since then he is continuously under treatment of the doctors at PGI. The respondent/wife instead of taking care of the appellant at the PGI left the matrimonial home and went to her parents' house at Mohali. When the respondent was brought back to the matrimonial house her behaviour became more rude and she refused to even give him medicines. It is the case of the appellant, that even doctors advised her to change her behaviour towards the appellant, if she wanted improvement in him. It was also the case of the appellant that the wife had approached the employer of the appellant to dismiss him from service.