AMRINDER KAUR Vs. PARMINDER SINGH
LAWS(P&H)-2014-1-61
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 09,2014

Amrinder Kaur Appellant
VERSUS
PARMINDER SINGH Respondents

JUDGEMENT

S.S.SARON, J. - (1.) THIS appeal has been filed by the appellant Amrinder Kaur against the judgment and decree dated 3.05.2012, passed by the learned Additional District Judge, Kapurthala, whereby her petition seeking dissolution of the marriage between the parties by a decree of divorce has been dismissed.
(2.) THE marriage between the parties was solemnized at Kapurthala according to Sikh rites and ceremonies on 25.12.2008. According to the appellant, she lived with the respondent for about 5 days and the marriage was not consummated. It is alleged that the respondent on the next day of the marriage i.e. 26.12.2008, came in an inebriated state and levelled allegations against her character. She was given a severe beating by him. The appellant narrated the entire incident to her parents on 30.12.2008. A Panchayat was convened for reconciliation between the parties. However, the respondent and his family members shouted at the parents and respectables of the appellant, who had come. They refused to keep the appellant as wife of the respondent. It is also alleged that the respondent and his family members demanded Rs.5.00 lacs to send the respondent abroad. The parents of the appellant showed their inability to pay such a huge amount. However, the respondent refused to keep the appellant. Further allegations of mental cruelty and desertion have been levelled. Notice of the petition filed by the appellant was issued to the respondent by the learned Additional District Judge, who put in appearance in response thereto. He, however, did not file any written statement. Thereafter, none appeared for the respondent in the learned Court below and vide order dated 16.02.2012, he was, accordingly, proceeded against ex parte.
(3.) THE appellant in her ex parte evidence, examined Kulwinder Kaur (PW -1), Gurdev Singh (PW -2) and Jaswinder Kaur (PW -3). Jaswinder Kaur (PW -3) is the mother and attorney of the appellant. The appellant did not examine herself as a witness. The learned Additional District Judge after considering the ex parte evidence led by the appellant, dismissed the petition primarily on the ground that the contentions pleaded by the appellant were vague and contradictory. Besides, the appellant herself had not appeared in the Court to depose regarding consummation of the marriage, which was within her personal knowledge.;


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