KIRANJIT KAUR Vs. BALJIT SINGH

JUDGEMENT

(1.) The appellant-wife has come up in appeal before this Court seeking setting aside of judgment dtd. 19/3/2018 passed by the District Judge, Family Court, Barnala, whereby petition filed by her under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter -the Act-), for dissolution of her marriage with the respondent herein by a decree of divorce, has been dismissed.The appellant sought divorce primarily on grounds of cruelty and desertion on part of the respondent.

(2.) Briefly stated the facts are that the marriage between the appellant-wife and the respondent-husband was solemnized on 18/11/1998 in the area of Barnala as per Sikh rites and rituals. After their marriage, the parties lived together as husband and wife and cohabited in district Ludhiana in their matrimonial home. Out of this wedlock, the appellant-wife gave birth to two sons, namely, Akash Deep Singh on 15/1/2002 and Harjot Singh on 30/5/2005, both of whom are residing with the respondent-husband. It is claimed that at the time of marriage, the appellant spent Rs.10,00,000.00 (rupees ten lacs) on the marriage and sufficient dowry and gifts were given to the respondent and his parents. It is the case of the appellant-wife that initially the respondent was a good husband but after some years of marriage he fell into bad company and became winebibber and used to beat the appellant without any rhyme and reason and also did not provide any maintenance and basic amenities of life to her. As a result, the appellant had no alternative but to go to her parental house; and as she had no source of income, she eventually left for Cyprus in the year 2011 to make her living. It is further pleaded that in the year 2013 the appellant visited India and also sent a message to the respondent to meet, but the respondent refused to visit the appellant and rather threatened that his relations with the appellant were at an end and if she tried to enter the matrimonial home, then she will be done to death. It is accordingly, pleaded that the respondent willfully and without reasonable cause withdrew himself from the society of the appellant and she was left with no choice but to file the petition under Sec. 13 of the Act before the Family Court concerned in the year 2017.

(3.) Upon notice, the respondent appeared and filed written statement by taking legal objection that the appellant's petition under Sec. 13 of the Act was not maintainable as it was filed through her mother who is her power of attorney holder.