EWELINA STEPKOWSKA Vs. RAVINDER SINGH

JUDGEMENT

(1.) The present appeal has been filed by the petitioner-wife, who is dissatisfied against the decision dated 24.11.2009 passed by the Addl. District Judge, Hoshiarpur wherein her petition under Section 27 of the Special Marriage Act, 1954 (hereinafter referred to as "the Act") for grant of divorce has been dismissed. The case of the petitioner-wife was that the marriage between the parties was solemnised on 7.7.2005 under the Act before the Marriage Officer, Hoshiarpur. The parties had lived and cohabited as husband and wife at village Dhugga Kalan, District Hoshiarpur and no child was born from the said wedlock. The respondent-husband was a Mechanical Engineer whom the petitioner had married but after marriage she came to know-that he was not doing anything and remained idle. The petitioner wife alleged that she had come from Poland to live with her Uncle Dalwinder Singh at Hoshiarpur and after the marriage respondent-husband and his family members had pressurised her to take the respondent to Poland but she had showed her inability to take the respondent as she wanted to live with him in India as she had come after leaving her parents against their wishes. On this denial, the respondent-husband had insulted her and started maltreating her and that she was abused in the presence of neighbours and defamatory language was used against her in the presence of his friends due to which an effort for reconciliation and advise was made with the help of her Uncle Dalwinder Singh which resulted in her being turned out on 18.1.2006. The petitioner-wife alleged that she lived at Hoshiarpur with her uncle Dalwinder Singh. Thereafter as respondent-husband never tried to contact her, nor her uncle to rehabilitate her, she left for Poland for few months. Thereafter after living for few months at Poland, she came to India and was living in the care of her uncle Dalwinder Singh at Hoshiarpur but the respondent-husband had never bothered about her nor tried to rehabilitate her. Hence, the petition was filed on 15.9.2008, on the ground that respondent-husband had treated her with cruelty and also deserted her for a period of more than two years.

(2.) Notice of the petition was given to the respondent but he failed to appear and hence proceeded against exparte on 17.12.2008. The petitioner-wife thereafter produced as many as three witnesses including herself, Gurmit Kaur wife of late Dalwinder Singh and her cousin brother, namely, Chander Mohan as PW-3. The learned Addl. District Judge has dismissed the petition on the ground that the petition has been presented in collusion with the respondent-husband and only purpose for which the parties had entered into matrimonial alliance was to settle the respondent abroad. It was also noticed that the respondent on receipt of summons sent to the address abroad had said that he has no objection, if the petition was allowed and the marriage between the parties was dissolved. Accordingly, the trial Court proceeded to dismiss the petition saying that there was no evidence supporting the fact that there was any desertion or cruelty.

(3.) It is in the said circumstances, the present appellant has filed the appeal which was barred by limitation by 364 days but the delay was condoned on 5.4.2011.