PREM CHAND Vs. SWARAN KAUR

JUDGEMENT

(1.) THIS appeal has been filed by Prem Chand appellant against the judgment and decree of the Additional District Judge, Jalandhar, dated March 7, 1987, dismissing his application under Section 33 of the Hindu Marriage Act.

(2.) THE material facts giving rise to this appeal are as follows : The appellant is the husband of the respondent. The parties were married according to Hindu Rites on 13th March, 1980. In the month of August, 1982, the father of the respondent came to the appellant and took the respondent with him on the pretext that she was to attend the marriage of her cousin and that while leaving the appellant's house, she took away her costly clothes and jewellery. On 10th January, 1985, father of the appellant alongwith some other persons of the village went to the father of the respondent to bring her back and on that occassion the respondent and her father collected Panchayat and they threatened the father of the appellant and his associates with dire consequences if they did not sign the resolution of the Panchayat. The respondent and her father got thumb impressions of the appellant's father and other persons on a paper under duress. The appellant sought divorce on the grounds that the respondent treated him with cruelty and she also deserted him. The respondent contested petition of the appellant. She denied that she treated the appellant wish cruelty and that she had deserted the appellant as alleged by him. She pleaded that as a matter of fact her parents could not meet the ever rising demands of the appellant who wanted her to bring T. V. set, Camera, Scooter and Refrigerator etc. from her father and when she could not meet the demands, she was given beating by the appellant. It was further stated by the respondent that she was having serious skin disease and in that situation her parents took her to their house and that the appellant never made any attempt to take her back. Dealing with the episode of 10th January, 1985, the respondent pleaded that the father of the appellant along with some other persons came to her father at village Bopa Rai Khurd, where a gathering was held and that after thorough discussion in cordial atmosphere, an agreement dated 10th January, 1985, was entered which was thumb-marked by the father of the appellant in token of its correctness. In that agreement it was stipulated that the appellant would take the respondent to his house within two months and on his failure to do so, he would give Rs. 50,000/- as compensation and Rs. 35,000/- as return of dowry articles. The pleadings of the parties gave rise to the following issues :- (1) Whether the respondent has treated the petitioner with cruelty ? OPA. (2) Whether the respondent has deserted the petitioner for a continuous period of more than two years prior to the presentation of the petition ? OPA. (3) Whether the petition is not maintainable ? OPR. (4) Whether the petitioner is estopped by his act and conduct from filing the petition ? OPR. (5) Whether the petition is not maintainable under Section 23 of the Hindu Marriage Act ? OPR. (6) Relief.

(3.) ON issues Nos. 1 and 2, it was held by the trial Court that the respondent was not guilty of deserting the appellant or of cruelty. Under issue No. 5, it was also held that since the appellant was taking the advantage of his own wrong, no relief could be given to him as laid down under Section 23 of the Hindu Marriage Act. In view of the aforesaid findings, it dismissed the petition. He has now come up in appeal to this Court.