AMRITPAL SINGH Vs. SUKHWINDER KAUR

JUDGEMENT

(1.) This appeal has been preferred by the husband against the judgment and decree dated 23.8.2011 passed by the Additional District Judge, Sangrur whereby the petition filed by him under Section 13 of the Hindu Marriage Act, 1955 (In short "the Act") for dissolution of marriage by a decree of divorce on the ground of cruelty, was dismissed.

(2.) A few facts necessary for disposal of the instant appeal as narrated therein may be noticed. The marriage of the parties was solemnized on 24.11.2002 by way of Anand Karaj ceremony. After the marriage, the parties lived together as husband and wife at Dhuri. Out of the said wedlock, a female child was born on 29.3.2004 and a male child was born on 25.6.2005 who are in the custody of the respondent. The respondent along with her children went to meet her parents but did not return. The appellant filed a petition in this Court for custody of the children upon which the respondent agreed to live with him. After some time, she left the house of the appellant without any reason and took away all the gold and silver ornaments and valuable clothes. According to the appellant, the behaviour of the respondent from the very beginning towards him and his family members was not good and she used to leave the matrimonial home without consent of the appellant. She used to pick up quarrel with the appellant on petty matters and refused to prepare meal and serve tea etc. to his parents, friends and relatives. The respondent levelled false allegations against the appellant and his family members and filed false complaints before the police authorities at Sangrur and Khanna. However, the complaints on investigation were found to be false. The respondent also filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 by levelling false allegations. The appellant made efforts to reconcile the matter with the respondent but to no use. Accordingly, the appellant filed a petition under Section 13 of the Act for dissolution of marriage by a decree of divorce. The said petition was resisted by the respondent by filing a written statement. Besides admitting the marriage between the parties and the children having born from their wedlock, the other averments made in the petition were controverted and a prayer for dismissal of the same was made. The appellant filed rejoinder controverting the averments made in the written statement and reiterating that made in the petition. From the pleadings of the parties, the trial court framed the following issues:-

(3.) The trial court on appreciation of the evidence led by the parties, decided issue No.1 against the appellant holding that he had failed to prove any sufficient ground for getting divorce from the respondent. Further, it was held that the allegations levelled by the appellant did not prove the commission of act of cruelty by the respondent upon him. Accordingly, the trial court vide judgment and decree dated 23.8.2011 dismissed the divorce petition. Hence, the present appeal.