PARDEEP SINGH Vs. SARABJIT KAUR

JUDGEMENT

(1.) The instant appeal has been preferred by the husband-Pardeep Singh impugning the judgment and decree dated 04.03.2016 passed by Addl. District Judge, Amritsar whereby the petition under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act ') filed by him was dismissed.

(2.) Few facts necessary for adjudication of the instant appeal as pleaded in the petition filed by the appellant-husband before the learned Court below may be noticed.

(3.) On the contrary, respondent No. 1-wife in her written statement filed before the Court below, refuted and denied the allegations of the respondent-husband. She submitted that the marriage was solemnized with great pomp and show in which sufficient dowry had been given by her parents. She submitted that the appellant-husband 's attitude towards her changed within a few days of the marriage as she would be taunted by her mother-in-law as well as her husband that their marriage had been solemnized only with the purpose of getting a handsome dowry. At the instigation of his mother, the appellant-husband would beat her up. After the appellant-husband left for his duty, her mother-in-law and other members of the family subjected her to torture and ill treatment. She bore the cruel behaviour meted out to her with the hope that better sense would prevail upon them. On 23.05.2012, the mother-in-law in connivance with the family compelled her to get a sum of Rs. 2 lakhs from her parents for the renovation of their house. Since she expressed her inability, her mother-in-law caught hold of her by her hair and pushed her on the ground while her father-in-law and the other members of the family gave her kicks on her abdomen. Thereafter, she was thrown out of her matrimonial home with a threat that she would have to face dire consequences if she ever dared to enter the house again. She claimed that her istridhan was still in the illegal custody of the appellant-husband and his mother. Since 23.05.2012 she had been compelled to reside with her parents and all her repeated efforts to reconcile the matter had failed. She also submitted that since she had been thrown out of her matrimonial home on 23.05.2012, hence, the question of alleged incident of 24.05.2012 did not arise. Qua the allegations of having extramarital affair with respondent No. 2 and her telephonic conversation with him, she submitted that it was a concocted story with malafide intention by the appellant-husband and his family; the question of tendering any apology relating to the said matter did not even arise as she did not know any Harinder Singh. She submitted that the alleged Major Nama and the panchayat resolution were false and fabricated with a malacious intent. She denied ever trying to kill the family by putting a lizard in the milk as alleged. Therefore, she prayed for dismissal of the appeal.