BALJIT SINGH Vs. PRABHJIT KAUR

JUDGEMENT

(1.) The instant appeal has been preferred by the husband Baljit Singh impugning the judgment and decree dated 10.12.2014 passed by Addl. District Judge, Sri Muktsar Sahib whereby the petition under Sections 11 and 12 of the Hindu Marriage Act, 1955 (for short 'the Act') filed by him was dismissed.

(2.) Few facts necessary for adjudication of the instant appeal as pleaded in the petition filed by the appellant-husband before the learned Court below may be noticed.

(3.) On the contrary, respondent No.1-wife by way of her written statement filed before the Court below refuted and categorically denied the allegations of the appellant-husband. She submitted that her marriage with respondent No.2 Tarsem Singh was dissolved through a customary divorce, which was well within the knowledge of the appellant-husband. She submitted that after her divorce with respondent No.2 Tarsem Singh, the appellant along with her cousin Gurmit Singh would often visit her house since the said Gurmit Singh and the appellant were close friends. She alleged that on 30.03.2012 the appellant came to her house and on finding her alone, he sexually assaulted her. When she tried to call up her father, the appellant-husband told her that he was ready to marry her. On the same day, her parents went to the house of the appellant where they too disclosed the factum of her earlier marriage and divorce to the appellant. Not only this, she submitted that in April 2012, the appellant and his parents came to her house where they were again informed about her previous marriage with respondent No.2 Tarsem Singh. The appellant-husband and his parents never raised any objection and performed a shagun ceremony by handing over some shagun to her and fixed the date of their marriage. She alleged that the appellant had seemingly contracted marriage with her to escape criminal liability for sexually assaulting her.