LAKHVIR SINGH Vs. KARAMJIT KAUR

JUDGEMENT

(1.) The instant appeal has been preferred by the husband - Lakhvir Singh to impugn the judgment and decree dated 14.09.2017 passed by District Judge, Family Court, Faridkot whereby his petition under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') 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.) Per contra, the respondent-wife in her written statement filed before the Court below, refuted and denied the allegations of the appellant-husband. She submitted that the petition under Section 13 of the Act had been filed by the appellant-husband as a counter blast to her petition filed under Section 9 of the Act. It was further submitted that at the time of her marriage sufficient dowry was given by her parents and her marriage was performed at Sadiq in a marriage palace. The appellant-husband and his family would continuously maltreat her. At the time of the birth of their first daughter, they heaped scorn upon her. They did not even get her medically examined or provide her with proper meals during her subsequent pregnancy as a result of which she lost her second daughter. She alleged that she would be mercilessly beaten up and subjected to acute harassment because of her inability to deliver a male child and for not being able to get a maruti car for the appellant-husband. She alleged that it was under these compelling circumstances she had been left with no other option but to live in her parental home with her daughter. A panchayat was convened by her parents wherein the appellant-husband was given an assurance that he would be given a car and was requested to resume cohabitation but he remained adamant and insulted her family. She claimed that she was ready to join his company and that is precisely the reason why she had filed a petition under Section 9 of the Act. She thus, prayed for dismissal of the petition.