MANDEEP KAUR Vs. KARAMJIT SINGH

JUDGEMENT

(1.) The instant appeal has been preferred by the wife Mandeep Kaur, impugning the judgment and decree dated 04th August, 2017, passed by the Ld. District Judge, Family Court, Barnala (hereinafter referred to as 'Ld. Family Court'), vide which the petition filed by the appellant-wife, under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), seeking dissolution of her marriage with the respondent-husband, was dismissed.

(2.) A few facts necessary for adjudication of the instant appeal, as pleaded in the petition filed by the appellant-wife (petitioner therein) before the Ld. Family Court, may be noticed. The marriage between the parties was solemnized on 19th November, 2006, as per Sikh rites and ceremonies. The parties lived and cohabited together and a son was born out of the wedlock. Sufficient dowry was given by the parents of the appellant at the time of her marriage, but it failed to satisfy the respondent-husband and his parents for which she would be often maltreated and physically assaulted by the husband, who was a drunkard and his family. So much so, she was made to starve many times and even denied the basic necessities of life by the husband, who would threaten to eliminate her in case she did not bring money from her father. On 25th September, 2011, the husband at the instigation of his parents sprinkled kerosene oil on her person, but she was saved due to the intervention of the neighbours. The matter was reported to the police by way of a written complaint on 26.09.2011. However, with the intervention of the respectables, a compromise was arrived at between the parties. Ultimately, in the year 2013, she was thrown out of her matrimonial home by the husband. Thereafter, her father arranged a house for her to stay wherein she started residing along with her minor son. She alleged that the respondent had illicit relations with another woman on whom he would squander away all his income. Many a times, the husband would leave the house without the knowledge of the appellant-wife and would go missing for months together. The husband had even eloped with a woman once and his whereabouts were unknown to the wife, as a result of which, the matter was reported to the police at Police Station City Barnala by her. The appellant-wife pleaded that since the husband had willfully and without any reasonable cause withdrawn from her society, coupled with the fact that he had been neglecting and maltreating her from the very beginning of their marriage, she was left with no other choice but to seek dissolution of her marriage with the husband.

(3.) Per contra, the respondent-husband (respondent therein) categorically refuted and denied the allegations of the appellant-wife, in his written statement filed before the Ld. Family Court. He alleged that the wife was a quarrelsome lady. He submitted that the complaint filed by the wife in the Police Station City Barnala was a concocted story. The wife along with her father and brothers had in fact thrown him out from his house in the month of December, 2015, and threatened him with dire consequences if he dared to return to the house. He alleged that in fact the house, where the appellant-wife was residing was in the name of his mother and even the gold jewellery given to the wife by his parents at the time of their marriage was still in her possession. He averred that he was jobless and due to some health issues, he was unable to earn his livelihood.