Vinod K.Sharma, J.

1. This appeal by the appellant/husband is directed against the judgment and decree passed by the learned Addl. District Judge, Gurdaspur, dismissing a petition filed under Section 13 of the Hindu Marriage Act.

2. The appellant/husband filed a petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as "the Act") for dissolution of marriage on the averments that the respondent was earlier married to his elder brother Kulwant Singh on 7.6.1998. Shri Kulwant Singh died under mysterious circumstances on 19.10.1998, and being unable to bear the shock of death of Kulwant Singh, the father of the appellant also died on 2.1.1999.

3. The appellant/husband claimed that without giving him any time, and under pressure, he was asked to solemnize marriage with the respondent on 15.1.1999. According to the appellant he was not aware about the age of the respondent, who was elder to him by many years. The case set up was that the appellant after staying for ten days with respondent/wife left to join his duties, and the respondent left for her parental home. The appellant further claimed that he came back after two months, and had gone to bring back his wife, but she refused to accompany him. Thereafter he along with Darshan Singh and maternal uncle went to the respondent/wife, but she after initial reluctance came back to her matrimonial home. They stayed together for about 20 days, and the appellant then went back to attend his duties, whereas the respondent stayed in the matrimonial home for about three months. Thereafter she left the matrimonial home and also took away her ornaments and other house hold articles. The appellant came back from his duties in the month of May, 1999 and again went to bring back the respondent to her matrimonial home but she refused to join the company of the appellant.

4. It was further pleaded, that she refused to cohabit with the appellant nor she cared to look after the ailing mother of the appellant. She deserted the appellant on 20.1.2001 without any reasonable cause. The divorce was sought on the grounds of cruelty and desertion.

5. On notice, the petition was contested by the respondent/wife. She admitted the factum of earlier marriage with Kulwant Singh, and also that after death of Kulwant Singh she was married to the appellant. Other averments qua cruelty and desertion were denied. She further pleaded that after death of Kulwant Singh, she inherited land measuring 1 Kanal 9 Marlas being the widow of Kulwant Singh. The appellant, his mother and brother and also the wife of his brother became greedy, and forced the respondent to transfer the inherited land in the name of the appellant. The land was transferred to appellant vide sale deed dated 16.3.2000. A threat was also given that in case she failed to transfer the land she would be turned out of the matrimonial home. The respondent executed the sale deed without any consideration, and as a result of undue stress and coercion. After the execution of the sale deed, the appellant along with his mother, brother and his wife started insulting, maltreating and beating the respondent, and forced her to leave the matrimonial home as they intended to marry the appellant with some other girl. It was also alleged that she was not given proper food and in absence of the appellant, his mother, brother and his wife gave severe beatings to the respondent. It was also the case of the respondent her gold ornaments were snatched, and she was turned out of the matrimonial home.

6. It was also the case of the respondent/wife that she was given threat that if she came back to her matrimonial home she would be killed. She also alleged, that she was falsely accused for the death of Kulwant Singh. It was also pleaded case of the respondent that her brother Joginder Singh along with Baldev Singh and others went to the appellant and his family members with a request to rehabilitate the respondent but they flatly refused.