GURDARSHAN SINGH Vs. PARAMJIT KAUR

JUDGEMENT

(1.) THE appellant/husband by way of this appeal has challenged the judgment and decree dated 1.3.2002 passed by the learned Additional District Judge, Gurdaspur vide which the petition filed by the appellant under Section 13 of the Hindu Marriage Act (for short the Act) for dissolution of marriage was rejected.

(2.) THE parties were married on 22.1.1995 according to Sikh rites and resided together at village Nawan Pind Hundal. From the wedlock a female child was born in the month of September, 1996. The appellant filed a petition on the ground of cruelty by alleging that on 23.2.1996 respondent/wife had stolen golden ornaments, which were got recovered on 24.2.1996 in the presence of the panchayat. This act of the respondent was said to have caused mental cruelty to the appellant. It was also the case set up by the appellant that on 22.2.1996 respondent/wife set on fire the paddy straw lying in front of his Haveli, with an object to cause fire to the house. On account of timely intervention the situation was saved. Finally, it was pleaded that the daughter of the appellant from the previous marriage was not treated well by the respondent, and she died. It was also alleged that appellant suspected that the child had died due to poison, administered by the respondent. This was said to be a serious act of cruelty.

(3.) LEARNED counsel for the appellant challenged the finding of the learned matrimonial court on the ground that once there was statement of the appellant which was fully supported by PW 3, there was no reason for the learned matrimonial court to reject the evidence.