HARPINDER KAUR Vs. GURPREET SINGH

JUDGEMENT

(1.) The appellant-Harpinder Kaur has come up in appeal against the judgment and decree dtd. 12/3/2018 passed by the Additional District Judge, SAS Nagar (Mohali) whereby Gurpreet Singh-respondent has been given a divorce under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of cruelty.

(2.) The brief facts of the case are that the marriage of the appellant was solemnized with the respondent on 16/11/2012, at Zirakpur as per Sikh Rites and no child was born out of this wedlock.

(3.) The divorce petition was filed on the grounds that after 2/3 days of the marriage, appellant-wife had started saying that she will not reside in House No. 221, Sector 51, Chandigarh. In the said house, the husband-respondent was staying with his brother, his wife (bhabhi) and a child. After 5/6 days of the marriage, the parties were invited by the maternal uncle of the respondent-husband for dinner and the appellant-wife For Subsequent orders seeflatly refused to go to the house of his maternal uncle, despite repeated requests were made by the respondent-husband. Finally, the dinner was cancelled and it created a lot of bickering between the family of the respondent-husband and the maternal uncle. The appellant-wife refused to call the mother of the respondent-husband as Mataji or Mummy and would only address her as 'Auntiji'. The respondent-husband decided to leave his mother at their native place but the appellant-wife refused to accompany the respondent-husband while going with his mother to their native place. She took the stand that she was least interested and concerned with his mother. 3. On the night of 13/12/2012, the appellant-wife repeated that she did not want to reside in House No. 221, Sector 51, Chandigarh as no separate house had been arranged by the respondent-husband and started abusing him and his other family members. She started collecting her clothes, other articles, gold ornaments and wore some clothes and jewellery and put the other in boxes and left the house with her friend. The respondent-husband had informed the local police about that incident on 14/12/2012. The appellant-wife started living in House No. 771-A, Phase-9, Ajitgarh alone. The respondent-husband tried to persuade the appellant- wife to come back to House No. 221, Sector-51, Chandigarh to resume married life but she did not agree. She misbehaved on 6/7/2013 after coming to House No. 221, Sector 51, Chandigarh. The neighbour Paramjit Kaur tried to persuade the appellant-wife not to create such a scene in front of the house of the husband and come back to the house but she would not agree to it and threatened that she would commit suicide by consuming some poisonous substance. After persuasion, she went back to House No. 771-A, Phase-9, Ajitgarh. On 28/7/2013, she again came to the house of For Subsequent orders see the respondent-husband and threatened to consume sulphose tablets for committing suicide. In order to avoid any unfortunate incident, the respondent-husband called the police and she was sent back to House No. 771-A, Phase-9, Ajitgarh. On 5/8/2013, efforts were made in the presence of some relatives that they should start living together and finally, the respondent-husband started living with the appellant-wife in House No. 771-A, Phase-9, SAS Nagar, Mohali. She used to send messages in objectionable language from her mobile to the respondent-husband.