ADELIN VIJAY RAJ Vs. VIJAY RAJ

JUDGEMENT

(1.) THIS is a matrimonial reference under Section 17 of the Indian Divorce Act for confirmation of the decree of divorce dissolving the marriage between the parties on 4-1-1994 by Additional District Judge, Chandigarh.

(2.) SHORN of unnecessary details, the relevant facts are that the marriage between the petitioner and respondent No. 1 was solemnized on 24-2-1979 as per Christian religion. They lived together at Delhi till June, 1979. A child was born out of the wedlock at Chandigarh on 28-12-1979. Thereafter, per allegations of the petitioner, respondent No. 1 started maltreating her so much that she was not even given proper food to eat when she was in family way and she was forced to leave her matrimonial home and had to go back to her parental house at Chandigarh in the month of December, 1979. The respondent-husband had adopted unfavourable attitude towards her and started torturing her for bringing insufficient dowry at the time of her marriage. The respondent had asked her to bring Rs. 25,000 in cash or else to arrange a scooter, television, fridge etc. The petitioner told respondent No 1 that her parents were not in a position to give any more money or to purchase anything else. The attitude of the husband worsened and finally she was turned out from the matrimonial home. The petitioner has further alleged that even after the birth of the child the respondent neither visited her in the hospital nor sent any money and in fact he had developed intimacy with one of the trainees, namely Gurmeet Kaur and married her.

(3.) THE petitioner stepped into the witness-box and reiterated the allegations levelled against the husband and in order to substantiate her allegations produced one Shalinder Kumar. The petitioner had placed on record Exhibit P-2, copy of judgment wherein her allegations of bigamy against him were accepted and that respondent No. 1 had accepted Gurmeet Kaur as his second wife. It was on the aforesaid evidence that the Matrimonial Court had granted decree of divorce dissolv ing the marriage between the petitioner and respondent No. 1.