Sneh Prashar, J. - (1.) BY way of this appeal, Man -deep Kaur -appellant (hereinafter to be referred as "the appellant") assailed the judgment and decree dated 07.03.2009 passed by learned Additional District Judge (Adhoc) Fast Track Court, Jalandhar, allowing the petition in H.M.A. case No. 100 dated 30.09.2005 under Section 13 of the Hindu Marriage Act, 1955 (for short "the Act of 1955") filed by her husband Dharminder Singh -petitioner - respondent. The relevant facts extracted from the record are as under : - - "Mandeep Kaur (appellant) and Dharminder Singh (respondent) were married on 28.11.2003 as per Sikh religious rites and ceremonies i.e. 'Anand Karaj' at Rayia Mandi, District Amritsar. After marriage, the parties cohabited as husband and wife at Jalandhar and a son namely, Ekjot was born out of the wedlock on 28.01.2004. The son was since residing with appellant Mandeep Kaur." Filing a petition for dissolution of their marriage by a decree of divorce Dharminder Singh alleged that soon after marriage he was told by Mandeep Kaur that his status was not according to her choice and she was not happy with him. She also put a condition that unless he lives separate from his parents she will not reside with him. He tried to make her understand that his parents were old and required proper care but she bluntly refused to live with them. She also started abusing and insulting his parents in front of relatives and friends. After about a month of the marriage under pressure of Mandeep Kaur, he started living separate from his parents, but her behaviour did not change and she continued to harass and torture him on trivial matters. She even levelled false allegation of adultery against him. In March, 2004, she left home in his absence and without his consent and when on the same day he went to bring her back he was insulted by her mother in most filthy language and she refused to accompany him. Later, when he convened a Panchayat, she returned to the matrimonial home but after few days her behaviour again became rude and harsh towards him. She refused to cook food and attend to the household work. In the month of July, 2004, she left the matrimonial home without informing him and took away with her all jewellery and other valuable clothes etc. given to her by his parents at the time of their marriage. He made all efforts to bring her back but she flatly refused to live with him and since then was residing at her parental home.
(2.) IT was further pleaded by Shri Dharminder Singh that in the month of September, 2004, a suspicion arose in his mind that his wife Man -deep Kaur was suffering from some serious disease. He tried to enquire about her health but her family did not disclose anything to him. On 20.09.2005, he was able to lay hand on some medical reports of Mandeep Kaur and to his surprise he came to know that she was suffering from HIV virus. She had undergone a test for the virus in Guru Tej Rasila Hospital, Dera Baba Teja Singh Trust Regd. VPO Saidpur, District Amritsar on 07.09.2004. The report of the said hospital confirmed that she was suffering from HIV positive. Again she got conducted test by Dr. Karamjit Singh Gill, Pathologist (M.D.) in Nijjar Lab and Diagnostic Centre, 51/1, Court Road, Opposite Church, near G.P.O., Amritsar and as per his report also she was HIV positive patient. Same was the report given by the doctor of Bhandari Hospital, Majitha Road, Amritsar. Submitting that he had been treated with cruelty and that it was no longer safe for him to live with Mandeep Kaur, Dharminder Singh prayed for dissolution of their marriage. Appellant -wife Mandeep Kaur contested the petition. In the written statement filed by her, she denied all allegations levelled by her husband Dharminder Singh and submitted that the petition for divorce had been filed by him only as a counter blast to the petition under Section 9 of the Act of 1955 for restitution of conjugal rights and also the petition under Section 125 of the Code of Criminal Procedure claiming maintenance allowance, filed by her at Amritsar. She also alleged that the petition for divorce had been filed with a malafide intention to harass her. According to Mandeep Kaur, from the very early days of marriage, her husband Dharminder Singh and his family members had started harassing and maltreating her for bringing insufficient dowry. They raised illegal demand for additional dowry and when she was unable to fulfil the same, a number of times she was turned out of the matrimonial home. With the intervention of relatives and respectables of the locality she used to return to her in -laws' place but there was no change in their behaviour. Importantly, Mandeep Kaur admitted that the pregnancy test undergone by her revealed that she was affected by HIV positive virus. She alleged that her husband Dharminder Singh was earlier working as a driver with a transport company and because he was affected with the HIV virus the disease got transmitted to her through him. Her parents asked him to undergo the test to know his physical position but he did not listen to them. When his family came to know about her disease they gave her merciless beatings and threw her out of the house alongwith her minor child in three wearing apparels on 23.01.2005 and since then she was residing at her parental home. Her husband Dharminder Singh wilfully neglected and deserted her without any reasonable cause. Submitting that she did not want to break the nuptial tie and was still ready to live with her husband, the appellant prayed for dismissal of the petition.
(3.) ON the pleadings of the parties, following issues were framed : - - "(1) Whether the respondent has treated the petitioner with cruelty? OPP. (2) Whether the respondent Mandeep Kaur is suffering from HIV virus disease, if so its effect? OPR. (3) Whether the petition is not maintainable? OPR. (4) Relief.";