AMARJIT KAUR Vs. CHAIN SINGH
LAWS(P&H)-1983-10-126
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 25,1983

Appellant
VERSUS
Respondents

JUDGEMENT

G. C. Mital J. - (1.) The parties were married on 12-12-1979. A son war born on 7-11-1980. At the time of marriage, the wife was employed as a teacher, whereas the husband was still under training for being appointed as it physical Instructor. The wife is M. A., B. Ed., and is at present working as Second Headmistress, whereas the husband is M. A., D. P. L. N. S. and is working as Director in Physical Education. After sometime, the husband filed a petition for divorce on the ground of mental cruelty, but the petition was dismissed on 12-9-1981. On 8-3-1982, the present petition for divorce was filed on the fresh ground of cruelty which came into being after the decision of the earlier divorce petition. The details of the cruelty alleged were that in the statement made by the wife in previous divorce petition, she had made false statement on oath that the husband was carrying on with his brother's wife. However, the major ground of cruelty was that she had written two letters which were later on exhibited as Al and A2 wherein she had stated that he was 'rascal' and that his mother, sister and hip brother's wife had given birth to bastards. The Roman script of the words is as follows : "Tohade nalon wade wade badmash main nak nall lakiran Kadh-de dekhe han. Pehlan meri sas ne haram de jammi hun meri darani ne haram dajamia meri nanan vi dhariwal haram da ee jamm dee firdi hai."
(2.) These words caused mental cruelty to him giving a ground for divorce and thus, he came to the Court. The wife contested the petition. The following issues were framed:- 1. Whether the petitioner was treated with cruelty by the respondent, if so, to what effect ? OPA 2. Whether the present application is maintainable ? OPR 3. Relief.
(3.) After evidence was led, the Court below, by it well considered judg- ment and decree dated 11-10-1982, allowed the divorce petition and granted divorce after according a finding that letter Ex. A 1 caused mental cruelty to the husband. This is wife's appeal.;


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