GURMUKH SINGH BHULLAR Vs. RAMINDER KAUR

JUDGEMENT

(1.) The instant appeal has been preferred by the husband - Gurmukh Singh Bhullar impugning the judgment and decree dated 28.10.2014 passed by Addl. District Judge, Amritsar whereby his petition under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') 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.) Marriage between the parties was solemnized on 19.11.1999 at Batala. Two children were born out of the said wedlock. The behaviour of the respondent-wife from the very beginning of their marriage was highly unbecoming not only towards him but also his parents. She would shirk her matrimonial obligations and duties. So much so, she had no time or concern for her children as a result of which they were neglected and their studies too suffered. She would claim that the status of the husband was not at par with her's and she had been compelled to marry him due to the pressure exerted by her family. It was alleged that she lived the life of moral depravity as she often spent nights with different men. On being confronted by the husband, she would indulge in abusive behaviour. In November, 2005 she left the matrimonial home and went to her parental home. On being approached by the husband to settle the matter between them, she expressed her wish to dissolve the marriage leading to the execution of "Fargatinama" (panchayati divorce) between them. All the dowry articles were returned to her and a cheque of Rs.1 lakh too was handed over to her as permanent alimony. She stated that she would have no concern with the appellant-husband henceforth. On 25.05.2006, the appellant-husband filed a divorce petition at Gurdaspur. However, a compromise was effected on 06.10.2006 between the parties wherein the respondent-wife agreed to reconcile and resume cohabitation. However, the same was short lived as the respondent-wife left him again along with the minor children, within two days and ever since then, she had been residing in her parental home despite earnest efforts made by the appellant-husband to reconcile the matter.