PRERENA JYOTI KAUR Vs. JASWANT SINGH SODHI

JUDGEMENT

(1.) This is wifes appeal against the grant of decree of divorce dated 1.2.1996 passed in H.M.P. No.6/93 by District -Judge, Mandi, Kullu and Lahaul Spiti Districts, at Mandi on the grounds of cruelty and desertion under Section 13 of the Hindu Marriage Act 1955 (hereinafter referred to as the Act).

(2.) On 29.3.1993, a petition under Section 13 of the Act was filed by the husband - respondent against the wife -appellant for dissolution of marriage by a decree of divorce on the grounds of cruelty and desertion. The husband alleged that he was married to the appellant on 5th October, 1974 according to Hindu rites, customs and ceremonies at Jogindernagar, District Mandi; where after they lived happily and peacefully for 13 years and from their wedlock two daughters namely Rachna Kaur (18 years), Srijna Kaur (17 years) and one son Vijender Preet Singh (10 years) were born who are having with their father. The allegation of the husband was mat since 1985 the behviour of the wife became abnormal and cruel towards him and he was bent upon to lower down his reputation by leveling false charges of adultery with other women. The wife left the house without his consent. When the husband requested his wife to mend her ways and behave like a wife, she did not accede to his request. He alleged that in the month of December, 1992, when he went to Jaipur, the wife in his absence got cut the hair of her son who is a Sikh boy. The other children objected to this act of the wife. When he came back he asked his wife about the cause of getting the hair of the son cut and on enquiry the wife threatened him with dire consequences and told that she did not like the Sikhs and hates them, therefore, she got the hair of her son cut This act injured the religious sentiments and feeling of the husband and he got humiliated and defamed in his community. On one occasion i.e. 22.3.1993 when the husband was ironing his clothes with the electric Press, the wife attacked him and attempted to burn his face with hot iron Press. On 23.3.1993, when the husband was away from Jus home, the wife removed the entire household articles from the house including the beddings and locked the living room. His children were without bed and spent whole night outside in cold. The husband further alleged that the wife has ceased the matrimonial relations with him for the last two years prior to filing of the petition and thus, she neglected and deserted him without any reasonable cause, According to the husband all these acts caused mental and physical cruelty to him and on the basis of these grounds he sought the decree by way of divorce.

(3.) The petition was contested by the wife. She denied the entire allegations of the husband levelled by him in the petition. She alleged that she did not damage the sanctity of Sikh religion nor she tried to burn her husbands face at any point of time. It was also denied by her that she removed the utensils and beddings etc. from the house and locked the room. According to her version, the behaviour of the husband changed all of a sudden towards her. He used to pick up quarrel over trivial matters and also told her that no dowry was given by her parents. She alleged that she was beaten up many times by the husband and was removed forcibly from the house. It has been specifically alleged by the wife that on 7.2.1993 she found her husband having sexual act with his daughter Srijna Kaur. She was shocked and felt ashamed. When she requested the husband to mend his ways, he did not dis -continue with it. The husband used to retaliate and torture her with cruelty. She further alleged that she lodged a report in Police Station Jogindernagar against the husband and he had instituted two civil suits against her. According to the wife, the husband was bent upon to harass her and treated her with cruelty. She prayed that the husband -could not take the advantage of his own wrong deeds and misconduct which could justify the grant of relief to him as alleged in the petition.