SITA RANI Vs. BALDEV SINGH

JUDGEMENT

(1.) THE present appeal, under Section 28 of the Hindu Marriage Act, has been filed by the wife against a decree dated 4.12.1999 of the learned Additional District Judge (I), Kangra at Dharamshala, whereby marriage of respondent No. 1 Baldev Singh, hereinafter called husband, has been dissolved on specific finding that the wife has deserted the husband and has also treated him with cruelty and somewhat vague finding that the wife has been living in adultery.

(2.) THE husband filed a petition, under Section 13 of the Hindu Marriage Act, against the wife and proforma respondent No. 2 Sandeep Kumar, seeking dissolution of his marriage with the wife, on the grounds of desertion, cruelty and adultery. The averments, which were made in the petition, may be summed up thus. The marriage between the appellant and respondent Baldev Singh had taken place in November, 1977. The parties lived happily for two-three years. Thereafter the wife started leaving the matrimonial home without informing the husband and when tried to be checked by the husband, she even challenged his authority for being asked the permission for leaving the matrimonial home. There had been some litigation between the parties like the wife asking for grant of maintenance allowance and the husband filing a petition for dissolution of marriage on the grounds of cruelty and desertion in the year 1994. Those litigations were compromised. Ultimately the husband and wife started living separately. The wife started living in the old house of the husband and the husband constructed a new house for himself. The wife was granted maintenance allowance by the Court for herself and her minor children. The wife then instituted a suit in a Civil Court seeking issuance of permanent prohibitory injunction restraining the husband to marry another woman, named Sunita Devi, who was impleaded as a co- defendant in that suit. The suit was mainly filed with a view to defaming and causing mental cruelty to the husband. On 17.4.1998 two strangers were spotted by the husband in the house of the wife, who on seeing the husband took to heels. On 21.4.1998 proforma respondent Sandeep Kumar was found in the company of the wife in one of the rooms of the house occupied by her and both of them were having obscene talk, which clearly indicated that the two were having physical relations. On seeing the husband, the wife came out of that room and went to another room. Respondent No. 2, however, remained in that room. The husband bolted both the rooms, viz. the one in which respondent No. 2 remained and the other to which the wife went, from outside and called the Pardhan and the Members of the Panchayat the same night to witness the aforesaid fact. Police was also sought to be called the same night but the policemen, being drunk, came to the spot the next following day, when they got the two rooms unlocked and took respondent No. 2 into custody.

(3.) LEARNED Additional District Judge framed the following issues, on the pleadings of the parties:-