- (1.) This appeal is directed against the judgment dated 01.02.2014 vide which the petition under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act") for dissolution of marriage of appellant-husband Shri Sukhdarshan Singh with respondent-wife Smt. Rajinder Kaur, was dismissed with costs. The facts garnered from the record are as under:- Appellant-petitioner Sukhdarshan Singh (hereinafter to be referred as "the petitioner") was married to respondent Rajinder Kaur on 05.12.2008 at Patiala as per Hindu rites and ceremonies. After marriage, they resided together as husband and wife but no issue was born out of the wedlock. The petitioner alleged that for about one month after marriage the behavior of the respondent was smooth with him, but thereafter it suddenly changed. She started harassing him and also threatened to involve him in false cases. She often remained absent from the matrimonial home due to her illicit relations with her brother-in-law (sister's husband), namely, Sahab Singh. In March, 2010, without informing him or his family members she went to reside with Sahab Singh. When he brought this to the knowledge of her parents, they approached his elders and ultimately a compromise was effected and an affidavit was sworn by her father on 10.04.2010. It was further pleaded that the respondent did not mend her ways even thereafter. She threatened to commit suicide in case there was intervention in her illicit relations with her brother-in-law. A complaint vide D.D.R. No. 16 dated 01.05.2010 was lodged at Police Station Sohana in that regard. She caused physical and mental cruelty to him and his family members and also filed a false complaint against them at Police Station Kotwali, Patiala, on the basis of which F.I.R. No. 389 dated 20.10.2010 was registered. Submitting that illegal activities of the respondent had lowered his status and dignity in the eyes of his friends, relatives and society, the petitioner prayed that his marriage with the respondent be dissolved by a decree of divorce on the ground of adultery and cruelty.
(2.) Respondent appeared and contested the petition. She admitted her relationship with the petitioner but denied all allegations levelled against her in the petition. She disclosed that the petitioner had filed a petition for restitution of conjugal rites before the Court at Mohali in which no such pleas were raised. When she indicated that she was ready for restitution, he withdrew the petition. His sole motive was to create some evidence in his favour. She categorically denied that she was having illicit relationship with her brother-in-law Sahab Singh or had been leaving the matrimonial home without permission of the petitioner. She alleged that she had never stayed in the house of her sister and brother-in-law after marriage and had visited them only once that too alongwith the petitioner. She further denied that she had ever treated the petitioner with cruelty and alleged that it was the petitioner whose behavior had always been harsh and cruel towards her because of which she had gone in depression. She submitted that when the petitioner was refusing to take her back to the matrimonial home, her father under great distress had signed a blank stamp paper which the petitioner had lateron fabricated into an affidavit. The D.D.R. No. 16 dated 01.05.2010 got registered by the petitioner was also alleged to have been manipulated by him to create evidence. Alleging that the adulterous allegations were baseless and had been levelled to tarnish her reputation and such imputation amounted to cruelty on her by the petitioner she prayed for dismissal of the petition.
(3.) Petitioner filed rejoinder controverting the objections raised by the respondent and on the pleadings of the parties, following issues were settled:- (1) Whether the respondent has treated the petitioner with cruelty? OPP. (2) Whether the petitioner is entitled to decree of divorce as prayed for? OPP. (3) Relief.;