NIRMAL KAUR Vs. AMANJIT PAL SINGH

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant-wife - Nirmal Kaur against the judgment and decree dated 11.01.2018 vide which the petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act') was allowed by the trial Court.

(2.) Few facts necessary for adjudication of the instant appeal as pleaded in the petition before the learned Court below may be noticed. The marriage between the parties was solemnized on 17.01.2009 at Mullanpur, District Ludhiana as per Hindu rites and ceremonies. After the marriage, the appellant-wife and the respondent-husband lived and cohabited at Moga. One male child was born in the year 2010 out of the said wedlock, who is in the custody of the appellant-wife. As per averments made in the petition, after the marriage, the parties lived together at Moga for about two months.

(3.) The appellant-wife in her written statement filed before the Court below, denied the allegations and averments made in the petition, inter alia pleading that the petition under Section 13 of the Act was withdrawn by the respondent-husband without assigning any reason as he did not want to pay maintenance to the appellant-wife and the minor child. It was, thereafter, that the petition under Section 9 of the Act was filed by the respondent-husband. She admitted that both the parties resided and cohabited with each other at Moga after marriage but pleaded that since she was employed as a Clerk in the Mini Secretariat, Punjab and posted at Chandigarh, she had to return to Chandigarh to rejoin her duties. She alleged that she was pressurised to quit her government job and live with the respondent-husband at Moga. On her refusal to quit her job, she was subjected to both physical and mental abuse by the respondent-husband and his family. As per the appellant-wife, she never neglected her matrimonial obligations and duties and gave her full attention to her family, yet the respondent-husband treated her with utmost cruelty, so much so, on account of the harassment meted out to her, she was compelled to lodge a complaint with the police at Chandigarh against the respondent-husband. She made earnest efforts to adjust with the respondent-husband but in vain.