GURMEET KAUR Vs. MALAK SINGH

JUDGEMENT

(1.) THE appellant-wife is in appeal against the judgment and decree dated 12.8.2008, vide which the learned Trial Court allowed a petition under Section 9 of the Hindu Marriage Act filed by the respondent-husband.

(2.) THE marriage between the parties was solemnized, as per the Anandkaraj ceremony, on 31.3.2002. A male child was born out of their union in the month of December, 2003. The behaviour of the appellant-wife, from the very inception of the marriage, was otherwise improper as she was insistent upon the respondent-husband shifting from the village and to become a resident son-in-law which proposal was not acceptable to him as he had also his an aged mother to support and he was the only bread earner of the family. The resistance offered by the respondent-husband to the proposal aforementioned led to the souring of his relations with the appellant-wife. In August, 2003, the appellant's mother visited the matrimonial house of the parties and advised the appellant-wife to desist from pursuing the demand aforementioned. However, it did not have any effect upon the appellant-wife.

(3.) ABOUT six months prior to the filing of the petition, the appellant-wife was to go over to her natal house to attend the marriage of her sister. The respondent-husband provide her a sum of Rs. 15,000/- in cash and also dropped at her natal house by car. While leaving the matrimonial house in the company of respondent-wife, the appellant-wife had taken along all her ornaments, the original FDR and the bank pass book. On the day the wedding of sister of the appellant-wife, there was an altercation between the parties but the respondent displayed sense of toleration in view of the fact that there was a marriage in the family. However, after the marriage ceremony had been performed, the appellant-wife refused to accompany the respondent-husband to the matrimonial house. Even the intervention by the Panchayat did not yield any fruitful result, thereby impelling the respondent-husband to ultimately file the decreed plea.