- (1.) This appeal is directed against the judgment of Sub-Judge 1st Class, Jagraon dismissing the petition filed by Gurdev Kaur under section 10 of the Hindu Marriage Act for judicial separation against her husband Pritam Singh. The parties married in June 1974. Gurdev Kaur's case is that shortly after the marriage, Pritam Singh began maltreating her because she did not bring dowry in consonance with his status. As time passed, his behaviour became more and more rude. Then in June 1976, she was given severe beating by him and turned out of his house. She returned to her parents and began living with them.
(2.) In his written statement, Pritam Singh, controverted the above said allegations of maltreatment his version is that his former wife Sukhdev Kaur was the sister of Gurdev Kaur, After her death in January 1974, Surjan Singh, father of Gurdev Kaur, arranged her marriage with him (Pritam Singh), the compelling reason being that Sukhdev Kaur had left behind two children who had to be reared up. The pleadings of the parties gave rise to the following issues:- 1. Whether Gurdev Kaur is entitled to a decree for judicial separation on the ground mentioned in the petition ? OPA. 2. Relief. The trial Court decided both the issues against Gurdev Kaur. As indicated above, the ground for judicial separation alleged is cruelty against Pritam Singh. The basis thereof is said to be insufficient dowry. Sujan Singh as A.W. 4 testified that the marriage of Gurdev Kaur with Pritam Singh as solemnised in a very simple ,way. Before the marriage, there was no demand by Pritani Singh for any dowry. As such, the question to be determined is, how far Gurdev Kaur's version that soon after their marriage, Pritam Singh became cruel because she had not brought much dowry, is probable. There is ample evidence on record, discussed by the trial court as well, and the same has nut peen disputed before that Sukdev Kaur, elder sister of Gurdev Kaur, was the wife of Pritam Singh. After eight years of marriage, Sukhdev Kaur died in January 1974 leaving behind two children. It is in these circumstances that the allegation of cruelty attributed to Pritam Singh requires consideration. If greed for dowry were the cause, then during the lifetime of Sukhdev Kaur also, the demand for dowry was expected, but the evidence on record negatives any such accusation against Pritam Singh. Besides, if he had been so greedy in the past, her father Surjan Singh would net have arranged the marriage of his younger daughter Gurdev Kaur with Pritam Singh.
(3.) I have been taken through the evidence of Gurdev Kaur as A.W. and of Pritam Singh as R.W. 1 in particular. The circumstances indicate that Gurdev Kaur, aged about 18/20 years who was not consulted by her father before the marriage in question, could not reconcile with it. Pritam Singh being around 35 years. Besides, it appears that she could not hear the burden of rearing up of the two children. That being so, it is exceedingly difficult to reverse the finding of the trial Court against her on issue No. 1. In the result, the appeal fails and the same is hereby dismissed. No order as to costs. Appeal dismissed.;