The court emphasized the importance of protecting the interests of the wife, especially in old age, and highlighted that irretrievable breakdown of marriage is not a ground for divorce under the Hindu Marriage Act.

R.L. Anand, J. - Shri Surjit Singh son of Shri Jhaggar Singh son of Shri Saun Singh, appellant, is an old man of 70 years and this fact I am quoting from the proceedings dated 27.10.1999 recorded by the learned President of the Lok Adalat, and he has filed the present FAO No. 104-M/93 which has been directed against the judgment and decree dated 30.1.1993 passed by the Court of Additional District Judge, Ludhiana who dismissed the petition of the petitioner, now appellant, under Section 13 of the Hindu Marriage Act against his wife Smt. Gurdev Kaur.

2. Before I incorporate the pleadings of the parties in the subsequent portion of this judgment, I may stated that the main petition under Section 13 of the Hindu Marriage Act was filed in the year 1991. Meaning thereby, at that time, Shri Surjit Singh should be about 60 years.

3. The case set up by the petitioner-appellant against his wife in the trial Court was that the marriage between the parties was solemnised 45 years ago before the institution of the petition in village Bhagli Kalan, Tehsil Samrala, District Ludhiana, by way of Anand Karaj cermeony. After the marriage the parties resided as husband and wife at village Chak Sarai, Tehsil Samrala, District Ludhiana. They co-habited with each other and out of his wedlock a female child by the name of Daljit Kaur was born. Unfortunately, she died on 24.9.1979. According to the petitioner he owned land in village Chak Sarai and he also purchased land in Muzaffarnagar (U.P.). The parties even went to U.P. to manage and look after the land. However, the respondent, Gurdev Kaur, used to come to village Chak Sarai frequently and she used to reside there all alone for 20 or 25 days at a stretch. After the death of his daughter on 24.9.1979, the petitioner went to U.P. but respondent did not join his company and she started residing at village Chak Sarai all alone. So much so the petitioner executed a Will in favour of his brothers shortly after the death of his daughter. It is alleged by the petitioner that his wife Smt. Gurdev Kaur developed illicit relations with his brother Mohinder Singh. The petitioner asked the respondent to accompany him to U.P. and she refused to do so. On 16.11.1979, the petitioner returned from U.P. and reached his house in village Chak Sarai at about 5/6 A.M. At that time the door of the house was closed but it was not bolted from inside. The petitioner opened the door and went inside the house. To his utter surprise he saw his wife Smt. Gurdev Kaur lying on a bed with his brother Mohinder Singh in a compromising position. It provided great provocation to the petitioner. He caught hold of Mohinder Singh and grappled with him. The Shri of Shri Mohinder Singh was torn. In the meantime, Gurdev Kaur, respondent, attacked the petitioner with a naked Kirpan and aimed blow on his head. In order to save himself the petitioner left Mohinder Singh and warded off the blow on his left hand and also snatched the Kirpan from the respondent. Thereafter, respondent picked up a Ghotna. The petitioner apprehended danger to his life at the hands of the respondent and under great and sudden provocation and in order to defend himself, he caused some injuries to Gurdev Kaur in self-defence. The petitioner then went to Police Station on the same day and narrated the incident to the police. Shri Avtar Singh, cousin brother of Gurdev Kaur had a great influence in the locality. He prevailed upon the police to involve the petitioner in a false case. The police did not record the report of the petitioner. Rather, he was detained for a day in the police-station and his arrest was fictitiously shown on 17.11.1979 under Section 307 I.P.C. The petitioner suffered serious injury on his person and he asked the police to get him medically examined on 16.11.1979 itself but the police did not accept the request of the petitioner. Rather the petitioner was medically examined on 17.11.1979. Due to that enmity, Mohinder Singh and his son