RANJIT KAUR Vs. JASWANT SINGH

JUDGEMENT

(1.) By way of this appeal the appellant/wife has challenged the judgment and decree dated 18.09.2008 passed by the learned District Judge, Ludhiana on a petition filed by the respondent/husband under section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') for dissolution of marriage on the ground of cruelty and desertion.

(2.) The parties were married on 13.7.1994 at village Chakohi Tahsil Khanna District Ludhiana according to Sikh rites and ceremonies. The parties lived together and cohabited as husband and wife for few days but no child was bora out of this wed-lock. After some weeks the respondent/husband left for Korea. At the time of leaving, the respondent was given warm farewell by the appellant/wife. He had promised her that she would be called to join him at Korea. The case of the respondent/husband was that his life in Korea remained miserable and, therefore, he could not arrange visa for her. The case set up further was that the wife started neglecting him without reasonable and sufficient cause and she used to give threats to him that if he would not call her to Korea immediately then she would teach a lesson to his family members. He was further informed by the appellant that she had married him only to settle abroad. The case of the respondent further was that the appellant left the matrimonial home with valuable and costly articles without informing her in-laws.

(3.) In order to harass the respondent the appellant/wife lodged a false complaint against him and his family members which was investigated by SHO Police Station Payal, District Ludhiana which was found to be false and the family members of the respondent were found to be innocent. It was the case of the respondent that the brother of the appellant was serving in Police Department and under police pressure she succeeded in getting a false case registered against the respondent and his family members vide FIR No. 90, dated 9.8.1997 under sections 498-A/406, IPC at Police Station Sadar Khanna. Allegations in the complaint were said to be false, as also the allegations of maltreatment and cruelty: The case set up was that she did not even spare the minor brother and sister of the respondent. The case of the respondent/husband was that the allegation levelled by the appellant were so harsh, false and concocted which made the life of the family members and the minor brother and sister of the respondent miserable and due to the registration of the FIR the studies and career of both the minors were badly affected. Reputation of the respondent and his family members was also badly affected by the acts of the appellant. It was claimed that the respondent was subjected to mental as well as physical cruelty by her conduct. The respondent/husband returned from Korea in December, 2001 and met the appellant and requested her to resolve the matter amicably but she remained adamant. She rather threatened that she would further implicate the entire family in a false case.