HARBANS SINGH Vs. JASWINDER KAUR

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant-husband - Harbans Singh against the judgment and decree dated 18.03.2010 vide which the petition filed by the appellant-husband under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') was dismissed by the trial Court.

(2.) Few facts necessary for adjudication of the instant appeal as narrated in the petition filed by the appellant-husband before the learned Court below may be noticed. Marriage between the parties was solemnized on 24.05.1987 at village Daliey Wala, District Mansa as per Sikh religious rites and ceremonies. Parties lived and cohabited together as husband and wife at Talwandi Sabo. A daughter and a son were born to them out of the said wedlock. Their son unfortunately died on 24.07.2006. It was alleged by the appellant-husband that the conduct of the respondent-wife was indifferent towards him and his family right from the beginning of their marriage as she was a short tempered person, who would use abusive language against him and his parents. She would often visit the house of her maternal uncle without his permission. In spite of her unbecoming behaviour, the husband showered her with love and affection. In the year 2005, she left the house of the appellant-husband after quarreling with him and while going away she took away all her jewellery and valuables. The appellant-husband alleged that the respondent-wife would not only treat him cruelly but would also threaten to commit suicide and implicate him and his family in false cases. He further alleged that she did not even bother to come to her matrimonial home when her son died in the year 2006. In fact the appellant-husband had made earnest efforts to bring her back to the matrimonial home and had also sought the help of panchayat in that regard but it proved to be a futile exercise.

(3.) Per contra, the respondent-wife while filing her written statement before the Court below categorically denied the averments and allegations levelled against her by the appellant-husband. She submitted that it was the appellant-husband and his family, who had in fact been maltreating her right from the beginning of their marriage as they were dis- satisfied with the dowry which she had received from her parents at the time of their marriage. She alleged that even though a huge amount had been spent on her marriage by her parents and she had been given sufficient dowry yet her husband and his family would continuously raise demands of more dowry for which she would be often subjected to physical assault. She submitted that her parents gave a lot of gifts including gold ornaments and cash at the time of birth of the children. While denying that she had left the matrimonial home after fighting with the appellant-husband, she submitted that in fact it was the appellant-husband, who had turned her out after subjecting her to merciless beatings soon after the death of her son as he blamed her for his death on account of kidney failure by alleging that she had passed on the said disease to the son. She pleaded that after being turned out of the matrimonial home by the appellant-husband, she along with her father went to the appellant-husband in October, 2006 with a request to keep and maintain her but he refused to do the same. Even thereafter in November, 2006 another effort was made through a panchayat comprising of her brother and others with a request to the appellant-husband to rehabilitate the respondent-wife in the matrimonial home but the appellant-husband not only refused by repeating the same story of their son having died because of inheriting kidney disease from her but did not even hesitate to declare that he would contract a second marriage.