RANJIT KAUR @ RANI Vs. JASWANT SINGH

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 15.9.1992, rendered by the Additional District Judge, Amritsar, whereby petition filed by the respondent for divorce was allowed on the ground of cruelty and desertion.

(2.) Marriage between the parties took place on 19.3.1983 and a male child was born out of the wedlock in the last week of April, 1984, but unfortunately the child died. Divorce petition was filed by the respondent husband on 26.8.1987 alleging that the respondent-appellant wife is employed as a Clerk in the Electricity Department and her behavior towards the appellant was cruel, harsh and insulting. It was further alleged that respondent-appellant declared that she could not live jointly with the parents of the respondent, which he could not agree being in a transferable job (Head Constable in the Punjab Police). It was further alleged that in March, 1984, appellant's mother visited the respondent's family and took her daughter away on the pretext that the first child should be born in the house of the appellant's mother. Thereafter, the appellant did not return, inspite of efforts of the respondent. It was also alleged that the appellant wife was writing letters/complaints to the higher authorities of the police against the respondent causing harassment and embarrassment. The appellant wife contested the petition and alleged that the respondent had married with one Manjit Kaur, who gave birth to a female child from the loins of the respondent. The respondent amended the petition to plead that this allegation of the appellant was totally false. The Trial Court accepted the version of the respondent and held that the appellant has not been able to prove the allegation and granted the decree of divorce. Aggrieved by the said judgment, this appeal is preferred.

(3.) The matter was referred to the Lok Adalat, under Section 20 of the Legal Services Authorities Act, 1987. Finding that no compromise could be arrived, the matter has been sent back for decision on merits.