- (1.) A petition bearing H.M.A. case No.40-T dated 25.04.2007/ 17.04.2009 was filed by Krishanjit-wife invoking the provisions of Section 13 (1) of the Hindu Marriage Act, 1955 (in short "the Act of 1955") for dissolution of her marriage with Ram Pal-husband by a decree of divorce, which was allowed by learned Additional District Judge (Fast Track Court), Patiala, vide judgment and decree dated 03.08.2009.
(2.) In the petition, it was averred by Krishanjit that her marriage with the appellant was solemnized at Patiala on 19.06.1994 according to Hindu rites and ceremonies. After marriage, they cohabited as husband and wife at the matrimonial home and a daughter, namely, Mehak was born on 16.03.1995. She alleged that from the very beginning of the marriage, the behaviour of Ram Pal and his family members was non cooperative and disrespectful towards her. She was always insulted and mentally tortured with an intention to demoralize her and to compel her to leave the matrimonial home. She informed the parents of Ram Pal about his conduct but to no affect. She continued to bear the ill treatment with the hope that things might change with passage of time, but there was no improvement. In May, 2002, she appeared before the Women Cell and they both agreed to live separately. It was also agreed that the daughter would live with her. Krishanjit further submitted that since May, 2002 she was bringing up the daughter on her own, who was since studying in class 8th in the best School of Patiala and the appellant had never bothered to pay any maintenance to them. She was facing problems in bringing up the daughter because many a times for education and sports activities, when the signatures of the appellant were required on the forms to be filled by the child and she approached Ram Pal to put his signatures, he avoided to do so on one pretext or the other. Submitting that she was seeking divorce on the ground of separation since 2002 and for the welfare and benefit of their daughter and that there was no hope of reconciliation between them as Ram Pal had refused to take her back to the matrimonial home, Krishanjit prayed for a decree of divorce dissolving her marriage with the appellant.
(3.) On notice of the petition, Ram Pal appeared and filed written statement raising preliminary objections with regard to maintainability of the petition in the present form, suppression of true and material facts by Krishanjit, cause of action etc. He submitted that he was still ready and willing to keep Krishanjit as his wife. The allegations in the petition were said to be false, frivolous and vexatious. He pleaded that it was Krishanjit who wanted to shift to Patiala City and left his society without any sufficient cause. Despite his best efforts, she declined to return. According to him, the cause of dispute was that Krishanjit pressurized him to shift to Patiala City. When he did not agree she started misbehaving with him and his family members and ultimately left the matrimonial home without any rhyme or reason. Several times, he approached her to join his conjugal company but to no affect. Rather, through police she approached and tried to pressurize him to concede to her demands and live separate from his family. Denying that he had ever refused to sign or give his consent for admission of minor daughter and all other allegations, he prayed for dismissal of the petition.;