AMANDEEP KAUR @ ROZI Vs. DEVINDER SINGH @ JASWINDER SINGH

JUDGEMENT

(1.) THE respondent-husband filed a petition under Section 13 of the Hindu Marriage Act (hereinafter after referred to as "the Act") to obtain the dissolution of his marriage between the parties upon allegations which may be indicated as under :-

(2.) THE marriage between the parties were solemnised, as per Anandkaraj ceremony, on 5.5.1993. The union of the parties led to the birth of a female child. Both the parties were not financially well off. The appellant-wife did not relish the fact that responent-husband, who is otherwise only son of his parents, was joint in mess and residence with his parental family and two uncles. From the very beginning of the marriage, the appellant-wife in the habit of the leaving the matrimonial house unannounced. She would go over to her natal house as and when she would want. At times, she had to be fetched from her natal house by either the respondent-husband or some other member of his family.

(3.) IN the month of October, 2001, the appellant-wife wanted to visit her parents. The respondent told her to postpone the visit, with an assurance that both of them would go over few days later. However, the appellant-wife remained adamant and left the matrimonial house. She did not even bother for the fact that the female child was attending the school at that point of time. On ascertainment, the respondent found that she had not even been to her natal house. When the respondent went over to natal house of the appellant after 3-4 days, she was found available over there. When he called upon her to indicate her whereabouts during the intervening 3-4 days, she could not offer any satisfactory explanation. When efforts made by the respondent personally and also his parents, to obtain the restoration of the appellant to the matrimonial house did not bear any fruit, a Panchayat of respectables was taken in July, 2003. However, the appellant announced before the Panchayat that she does not want to live with the respondent. Yet another Panchayat was taken for that very purpose, in September, 2003. On that visit, the Gram Panchayat, Soye Majra (the natal village of the respondent) requested the Gram Panchayat of village, Sohana (the native village of the appellant-wife) to resolve the matter but the Panchayat members of the latter village and also the parents of the appellant expressed inability to pursuade the appellant to go back to the matrimonial house. In the last week of October, 2003, the parents of the appellant-wife went over to the respondent and informed him that she had not been visiting her natal house for the last about about one month. Since her whereabouts were not traceable, the father of the appellant lodged a DDR (No. 19 dated 3.11.2003 at Police Station, Sohana).