NAVITA SINGH, J. - (1.) THIS appeal has been filed by the appellant -wife against the judgment and decree dated 21.01.2012 passed by the learned Additional District Judge (Fast Track Court), Patiala, whereby the petition filed by the respondent -husband was allowed and the marriage between the parties was dissolved.
(2.) THE respondent filed a petition under Section 13 of the Hindu Marriage Act, 1955 (Act for short) stating that the marriage between the parties was solemnized according to Sikh rites at Patiala on 15.01.2004. They cohabited at Patiala upto 09.11.2007 and two children namely Jobanpreet Singh and Abhineet Singh were born on 17.07.2004 and 10.05.2006 respectively. Both the children were in the custody of the respondent -husband at the time of filing the petition. The grounds on which the respondent -husband sought divorce were that the behaviour of the appellant -wife was cruel and noncooperative since the inception of marriage. She did not make any effort to adjust in the family of her husband and insisted that the family property should be transferred in her name. She threatened to implicate the respondent and his family members in criminal case if they did not accede to her demand. The respondent talked to the parents and brother of the appellant for advising her to behave properly, but they did not play any positive role. On 09.11.2007, the respondent had gone to Saudi Arabia on a work permit for two years and from there he sent money to his wife and parents for maintenance. In his absence, however, the appellant harassed his parents and children without any acceptable reason. On 26.11.2008, she left the matrimonial home along with dowry articles and threatened to launch criminal proceedings. She took the younger son with her, but later on the matter was patched up and she demanded Rs.7,50,000/ - on 22.01.2009 in exchange for agreeing to divorce the respondent. At that time, she handed over the son Abhineet Singh back to the respondent. An amount of Rs.3,75,000/ - was given to her by demand draft and divorce petition was filed by her on the same day i.e. 22.01.2009.
(3.) ON 19.07.2009, the appellant married with Mandeep Singh son of Ajit Singh without a decree of divorce having been passed in her favour and the marriage was also got registered in the office of Registrar, Khamanon, District Fatehagarh Sahib, on 10.08.2009. She got issued a passport by defrauding the passport authorities. The respondent pleaded that the marriage between the parties was existing only for the sake of money because the appellant wanted to grab money and he had not in any way condoned the acts of cruelty, desertion and bigamy of the appellant. The appellant in her reply to the petition admitted the marriage and the birth of the children. He stated that the parties had met in Guru Nanak Institute, DLF Colony, Patiala and it was a love marriage.;