Sneh Prashar, J. - (1.) THIS appeal under Section 28 of the Hindu Marriage Act is by Manpreet Kaur appellant -wife assailing the judgment and decree dated 10.07.2014 passed by the learned Additional District Judge, SAS Nagar Mohali, in HMA Case No. 19 dated 22.02.2011 filed by Jasbir Singh respondent -husband. The facts extracted from the record, which need elaboration are as under: Jasbir Singh -respondent was married to Manpreet Kaurappellant on 10.02.2008 at Rajpura as per Sikh rites and ceremonies. After the marriage, Manpreet Kaur lived at her matrimonial home for 10 -15 days and then went to meet her parents and stayed there for 10 days. After she was brought back to the matrimonial home, her mother came to meet her regularly and gave some medicines to her on the pretext that there was some infection in her stomach. Two months thereafter, Manpreet Kaur again went to her parents place and lived there for one month. When Jasbir Singh went to see her, he found that she was not well and he brought her back. Thereafter, she would become aggressive towards him and his family members and used to blindly refuse to prepare meals for them. In the second week of July 2008, when Manpreet Kaur was suffering from some stomach problem, he took her to a private doctor in his village who on finding that her heart beats were not normal, prescribed some medicines to her. In August 2008, mother of Manpreet Kaur came to meet her and provided some medicine saying that prior to marriage she was taking treatment and the medicine had been prescribed by the family doctor. In third week of December, 2008, there was swelling on the whole body of Manpreet Kaur and she fell down in a semi conscious condition and was taken to Mehra Hospital at Ambala City. On 22.12.2008, She was thoroughly checked and was subjected to several medical tests to diagnose the disease. Finally, the doctor of the Mehra Clinic referred her to Govt. Medical and College Hospital, Sector 32, Chandigarh. On 23.12.2008, Manpreet Kaur was taken to GMCH -32, Chandigarh, where again she had to undergo various tests and ultimately the doctor told that her right kidney was damaged and in the left kidney there was a stone. The doctor also opined that the disease was many years old. After the truth was revealed Manpreet Kaur disclosed to her husband Jasbir Singh that she was suffering from the said disease prior to marriage and her parents had told her not to disclose the same to him and his family members. When the parents of Manpreet Kaur came to know about the aforesaid facts, they took her with them saying that she will come back after some days, but she did not return. Ever since 23.01.2009, she was residing with her parents and despite all efforts made by Jasbir Singh through relatives and Panchayat, she had refused to come back and join his conjugal company. Her parents also declined to send her back at any cost. In the end, it was submitted by Jasbir Singh that all gold ornaments given to Manpreet Kaur by his parents at the time of marriage were taken away by her when she left the matrimonial home. She not only cheated him by concealing the fact that she was suffering from a chronic ailment prior to marriage, she also deserted him without any reasonable cause. She refused to cohabit with him and harassed and humiliated him and his family members. In that manner, he suffered severe mental and physical cruelty at her hands.
(2.) MANPREET Kaur -appellant contested the petition. She altogether denied that she was suffering from any aliment prior to marriage. She also denied that she was taken to any doctor by her husband. According to her, she called her father when she was unwell and he took her to a doctor. It was also submitted by her that she alongwith her husband had gone to meet her parents after 6 -7 months of the marriage and had returned to her matrimonial home with him. She denied that she suffered pain in stomach in the second week of July, 2008 or her mother used to come to her matrimonial home and provide medicine to her. Though she admitted that she had taken treatment from GMCH -32, Chandigarh, but denied all other allegations/averments of the petitioner/husband. As a counter allegation, she alleged that her husband himself and on the abatement of his relatives had started giving her such things in the meals which resulted in deterioration of her health day by day. After some time, her husband and his parents started demanding Rs. 3 lacs from her for increasing his dairy business and when she was unable to satisfy their demand she was turned out of the matrimonial home in November, 2008. By then, her condition had become worst and her kidneys had got affected. Since November, 2009, she was undergoing dialysis either weekly or twice a week and had been spending Rs. 1000/ - per week on her treatment and was charged Rs. 1650/ - for changing tubes. While she was spending minimum Rs. 8000/ - per month on medication and good diet, she was getting no financial support from the husband/petitioner and hence, she prayed for dismissal of the petition. On the pleadings of the parties, the learned trial Court framed the following issues: (i) Whether respondent subjected petitioner Jasbir Singh with creulty, as alleged? OPP (ii) Whether respondent has deserted the petitioner without any sufficient cause? OPR (ii) Relief. Both the parties adduced evidence in support of their respective contentions.
(3.) FINDING that Manpreet Kaur wife -appellant had committed matrimonial offence of cruelty towards Jasbir Singh husband/petitioner and also that she had deserted her husband with effect from 23.01.2009 for a continuous period of two years preceding the date of petition without any reasonable excuse, learned trial Court allowed the petition for divorce filed by Jasbir Singh husband and dissolved the marriage between the parties by a decree of divorce.;