KASHMIR KAUR Vs. PREM SINGH

JUDGEMENT

(1.) THE wife has come up in appeal against the order of the Matrimonial Court whereby it dissolved the marriage of the parties by a decree of divorce.

(2.) THE Facts :-The husband sought a decree of divorce against his wife on the ground that their marriage was solemnized on November 30, 1980 at village Mehatpur. He was working as a Lower Divisional Clerk at Chandigarh. He was a widower and had a son from his first marriage. It was settled between the parties that the respondent would look after his son from his first wife who is now aged 7 years and living with his father. From the wedlock, a daughter was born and the wife left the matrimonial home on October 31, 1982. The husband took respectable to the parents' house of the wife to persuade her to return to the consortium but without any success. She came to the house of the husband in November 1982, and took away the articles given to her at the time of the marriage. On September 3, 1985, a panchayat meeting took place at Village Bheora and the wife took away all the dowry articles and writing Ex. P1 was executed evidencing the receipt of the articles and it contained a recital that the wife would not return to the matrimonial home. The wife filed a petition under Section 125 Cr. P. C. in which she made a statement on May 27, 1987, that she was not ready to return to the matrimonial home since she apprehended danger to her life from her husband. The petition for divorce was filed on October 4, 1986.

(3.) THE wife denied the material allegations made in the petition and to the contrary pleaded that the husband was at fault. He did not want to keep her in the matrimonial home and was pressing her to bring more dowry from her parents. She also stated that she was ready and willing to return to the marital home.