S.D.ANAND,J - (1.) THE present FAO has been preferred by appellant to call into the question of validity of decree dated 11.8.2000 vide which the Additional District Judge, Amritsar, allowed the petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as the Act) filed by respondent-wife ordered the marriage between the parties to be dissolved with effect from the date of the decree.
(2.) THE respondent-wife filed a divorce plea on allegations which may be indicated as under :- The marriage between the parties, by way of Anand Karaj, was solemnized at Amritsar in the Indian Calendar of Harr 1993. The parties cohabited at the matrimonial house and one female child was born out of their union. The child died at a later point of time. Inspite of the fact that parents of the respondent had provided huge dowry articles, the appellant and member of his parental family were not satisfied with the adequacy thereof. The appellant and other members of his parental family subjected the respondent to merciless belabouring and mal-treatment. She was, at times, confined to a room and the basic necessities of life were denied to ber. The appellant would belabour the respondent under the influence of liquor and would also abuse her and her parents. The respondent was turned out of the matrimonial house about two years prior to the filing of the petition. The appellant held out a threat that the respondent would be done to death if she ever dared enter the matrimonial house. A panchayat of respectables approached the appellant- husband for restoration of the respondent to the matrimonial house but he declined to oblige and threatened them with dire consequences. It was on the above averments that the respondent-wife came forth with a divorce plea.
(3.) APPELLANT offered a plain denial of the averments aforesaid. It was averred that it was the respondent wife who left the matrimonial house on the pretext of attending a relative's marriage but did not return to the matrimonial house thereafter. She had also taken along 5 tolas of ornaments and valuable clothes while leaving the matrimonial house. She had otherwise announced at the matrimonial house that she would not like to live with the husband as his wife as she does not like him and her marriage had been performed by her parents against her wishes. It had come to the notice of the appellant that the respondent has contracted a second marriage with one Sarbjit Singh of Chheherta and had received a shagun of Rs. 5,000/- from Punjab Government.;