HARMEET SINGH Vs. RUPINDER KAUR

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment and decree dated 05.12.2018 passed by the learned Additional District Judge, Gurdaspur, whereby petition filed by the respondent-wife has been allowed and the marriage has been dissolved on the ground of cruelty.

(2.) The factum of marriage between the parties and the birth of two male children, namely, Pavneet Singh and Bhupinder Singh is undisputed. The respondent-wife filed the petition for divorce on the ground that barely after six months of the marriage, the appellant-husband and his family members, started harassing and torturing her for bringing insufficient dowry; that her husband is a drunkard and besides spending his entire salary of Rs.40,000/- being earned by him as a Manager in a Hotel at Dalhousie, he would compel the respondent-wife to bring more money from her parents, in order to satisfy his alcoholic requirements; that on 14.06.2015, she, before having been turned out of the matrimonial home, had been given severe beatings, as a result of which she along with her minor children, left her matrimonial home for her parental home and that the efforts for reconciliation yielded no result. It was further alleged that when the respondent-wife had filed a petition under Section 125 Cr.P.C. for grant of maintenance, the appellant-husband with a view to avoid his liability of maintenance, filed a petition under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act').

(3.) Upon notice, the appellant-husband appeared and filed his written statement. While denying the allegations of cruelty, it was averred that the respondent-wife had left the matrimonial home on her own as her demand of getting the shops and house in her name was not acceded to by the appellant-husband.