BALBIR SINGH Vs. BALJINDER KAUR

JUDGEMENT

(1.) The appellant-husband has challenged the judgment and decree dated 20.11.2018 passed the learned Additional District Judge, Amritsar, whereby petition filed by the respondent-wife under Section 11 read with Section 5(i) of the Hindu Marriage Act, 1955 (for short 'the Act') has been allowed and the marriage between the parties, is declared as null and void by way of a decree of nullity.

(2.) The respondent-wife had filed a petition under Section 11 read with Section 5(i) of the Act, inter-alia, with the averments that marriage between the parties was solemnized on 11.5.2012 at Amritsar as per Hindu Sikh rites. After marriage, the parties cohabited together as husband and wife, but no issue was born out of the wedlock. At the time of engagement and solemnization of the marriage, the appellant-husband was stated to be a divorcee, having taken a valid divorce, but no document to that effect was shown to the respondent-wife. Sufficient dowry articles were given in the marriage. After a few days the behavior and conduct of the appellant-husband and his family members was changed. Appellant-husband, started saying that he did not like the respondent-wife and that he had married her with an intention to grab her income. The petitioner was taunted and harassed for not bringing sufficient dowry and for this reason the respondent-wife was abused, insulted and maltreated. The appellant-husband was a man of vices. She was earlier married to one Shamsher Singh and from that wedlock, she was having a son, who was adopted by the appellanthusband with the assurance that he would treat him as his own son, but later on she came to know that he was having plans to kill the said child. The appellant-husband was in the habit of leaving the respondent-wife alone in the house and would come after two/three days, when he was in need of money. He would often lock the kitchen with a view to causing mental pain and agony in the mind of the respondent-wife. Her son (from the previous marriage) was occasionally dragged from his hair and beaten up by the appellant-husband. When she refused to accede to the demand of the respondent-husband and his family members regarding grant of a share to them in her house, they all gave her beatings and further levelled the allegations of her having illicit relations with some persons. Both the parties entered into an agreement of divorce dated 17.6.2013. The appellant-husband filed a false complaint before the Police Station Sultanwind against the respondent-wife and her father and thereafter, the police raided their house. Earlier, the respondent-wife had filed a petition under Section 13 of the Act. During the evidence in the said proceedings, on 24.8.2016, the appellant-husband deposed that he was having a living spouse at the time of his marriage with the respondent-wife. Thereafter, the respondent-wife withdrew the said petition and filed the present petition under Section 11 read with Section 5(i) of the Act.

(3.) Appellant-Husband appeared and filed his written statement, averring therein that the parties were divorcees at the time of their marriage. Before marriage, parents of the respondent-wife disclosed that she was having a child of 7 years of age from her first marriage, but later on the appellanthusband came to know that the child Gurpreet Singh was 20 years old and had completed his 10+2 in March, 2013. The respondent-wife and her parents were informed before marriage that there was a Panchayati divorce effected between the appellant-husband and his previous wife and that it was only thereafter, the respondent-wife and her parents gave their consent for the marriage.